WE occasionally receive enquiries from clients who have received incorrect advice and even deliberate misinformation from some of the ‘professionals’ who have been involved in the process of buying or selling their properties in Spain, which sadly includes agents, consultants and banks.
For this reason and to ensure the legality of the transaction, we strongly believe that it is essential to enlist the services of an independent lawyer, so if there is any problem you would be able to claim damages due to their liability.
Always remember to ask your lawyer to confirm their registration number on the territorial Law Society list they belong to. You can check if a lawyer is properly registered by looking on the following website: http://www.abogacia.es/servicios-abogacia/censo-de-letrados/ and you should also be aware that to register with the Spanish Law Society, lawyers must hold professional liability insurance.
A number of clients have told us that they have been recommended to use the services of a particular lawyer by the estate agent or the seller or promoter they are purchasing through.
We believe that in such cases there can be a clear conflict of interest as it is essential that the lawyer chosen only looks after the client’s interest and rights. Here at White Baos Lawyers we advise against contracting a lawyer who has a professional relationship or represents any of the other parties of the transaction.
In addition, an independent lawyer can avoid unnecessary economic damages. Without going into great detail today, we can confirm that recently we warned an expatriate client buyer of a potential incorrect action that a bank wanted to him to follow.
He had been told by this bank that as a necessary part of the mortgage loan he had applied for, the client had to take on life insurance, which was unique and carried a pre-paid premium of €30,000 which was more than 10 times the normal cost of such a premium in the open market. Clearly, this was a real abuse and apparently the bank was introduced to the client by the agent as the best possible bank in Spain to obtain a mortgage loan.
An independent lawyer will tell you that you should compare different banks’ offers before agreeing a mortgage loan or opening an account and even if the lawyer can recommend some banks they will always advise you to compare between as many as possible in order to be able to enter into the most suitable contract for your needs and the same applies to insurance companies, currency exchange companies, etc.
An independent and expert lawyer can provide you with information about the process of buying or selling in Spain, drawing up the contract that best suits you, protecting your rights and will ensure that the property you want to buy is recorded with the correct land registry, urban, planning, or cadastral status. Naturally, they will also point out the possible risks involved in the purchase or sale of any property.
The information provided in this article is not intended to be legal advice, but merely conveys general information related to legal issues.
Carlos Baos (Lawyer) – White&Baos
Tel: +34 966 426 185
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