Very often I get the question of whether it is really necessary to use a lawyer when buying a property here in Spain. Some have a friend who knows Spanish and is willing to help and some think they can turn to the lawyer they have in their homecountry. But I would never recommend anyone to buy a property in Spain without a lawyer or a legal representative who is based here in Spain and knows what applies to the type of property you are going to buy and for the area you have chosen.
My task as a broker is not to carry out the purchase itself but only to bring together sellers and buyers.
The easiest way for you is to give the lawyer a power of attorney to represent you in the purchase and apply for the NIE number, the Spanish tax number needed when buying a home and much more. And of course to carefully examine the ownership of the property, if there are debts on the property, building permit, that there is approval to use the property, any unpaid property taxes and unpaid bills on electricity, water, "comundidad" (community association) m.m. before you undertake to pay any down payment, which is normally 10% of the purchase price.
This process is done after a reservation contract and that you have transferred over € 6,000 to the lawyer's client funds account as a reservation so that the home is taken off the market and kept for you. Should something not be correct, you have the right to get your € 6,000 back. But if everything is in order, you go on to the next step and establish such a so-called private purchase agreement, in which all conditions for the purchase must be included and, for example, an inventory of furniture if it is included. The purchase is completed before a Spanish notary and the entire process normally takes 4-6 weeks.
The lawyers I work with also help after the access to put electricity / water and IBI (property tax) on direct debit and notify the "community" that you are new owners.
So make it easy for you, let me find your dream home and the lawyer complete the purchase!
