When some people arrive in Spain to buy property they are tempted to cut costs by not engaging the services of a lawyer. Our advice is that this could result in greater costs in the long term.
The structure of the Spanish property buying process is particular to the country, and unless you are very familiar with what is required, you are likely to encounter a number of problems. This is particularly true if you are buying a property without a mortgage. By contrast, buyers who take out a Spanish mortgage are more protected, because the bank will want to ensure that all the correct paperwork is in place. However, having said that, we still advise our clients to seek the services of an independent lawyer who will safeguard their interests.
You should expect you Spanish lawyer to do the following:
• Check the property registry to verify the title deeds
• Check the local council records for any debts on the property and future plans for the area
• Check out the catastral for evidence of legal ownership and the property’s capital value
• Cross check the above with the actual size of the house to ensure there are no extensions etc that have not been declared on the catastral
• Check for any will regarding others who may be contesting the right to sell the property
• Check that the person selling the house is the owner and has the right to sell it
Whilst it is possible for a buyer to undertake these checks, unless you know your way around the Spanish system for property records, it can be very time-consuming. A local lawyer, on the other hand, well versed in property law and who knows the area, will be able to undertake these tasks with ease and efficiency. They are also more likely to understand what each document sets out, and can investigate further where they think there may be any questions arising. Ultimately, a lawyer will protect your long-term interest in your property, which is well worth the up front cost.