Legal Services

Although, in theory, you can get away without using a lawyer because of the Notary system, you should definitely take independent legal advice.

Zahara

The first task of your solicitor will be to check the details held on the computerised Land Registry system and check there are no mortgages or outstanding debts secured against the property. Otherwise, as purchaser of the property, you'll be taking on responsibility for those debts.

The lawyer should also make checks at the local Town Hall to obtain proof of payment of utility bills and charges. As a purchaser, you will be taking over all the debts related to the property - so you need to know there will be no unpleasant surprises!

If you are buying a plot or house for refurbishment and/or extension you will also want your lawyer to check out the prospect of obtaining planning permission consent from the Town Hall and other relevant authorities.

Many transactions in Spain need to be signed before a Notary - not just house purchases and sales, but also mortgage deeds and wills. If you are non-resident this may not always be convenient. The alternative is to draw up a Power of Attorney, this is a formal legal document through which you can give someone else power to do certain things on your behalf. This would include signing papers at the Notary's office. You might consider appointing a Spanish lawyer, who will be accountable to the Spanish equivalent of the Law Society, to act in accordance with your instructions.

Linda Fincas will be happy to introduce you to an independent English-speaking Spanish lawyer who has assisted many of our clients in the smooth purchase of their property.

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