However, what is annoying for Spanish lawyers specialising in Spanish property law is that, all too often, owners of properties only approach a lawyer in Spain when they find that have a problem – rather than employing a lawyer to thoroughly check a property’s legality prior to buying it. This is frustrating because most Spanish property related problems can either be resolved well before purchase or a buyer advised that his proposed purchase is unsafe and that he should choose another property.

The odd thing with international Spanish property buyers is how careless they can be when buying a property. I know that in the UK, for example, you would always use a fully qualified, independent, specialist conveyancer when you buy a house. Indeed, I have never heard of a Briton in the UK doing otherwise.

So, why do so many buyers coming to Spain not use a lawyer in Spain (and one independent of the seller) for their conveyancing?

I really do not know why – and yet I have met countless Britons in Spain who bought a property without using a lawyer or a Spanish lawyer totally independent of the seller. This is extraordinary behaviour and, inevitably, leads to problems!

So, perhaps the most common property related problem in Spain encountered by us Spanish lawyers is, quite simply, that independent conveyancing lawyers in Spain are not used to do the conveyancing on a property.

Incidentally, if you are buying a property in Spain then you should have a lawyer in place well before you start looking for a property.

Certainly, you should never sign anything without your Spanish lawyer being present even if it ‘just’ about agreeing (and paying) a ‘small’ deposit to take the property you want off the market.

A structurally sound house will always be one that is built upon firm and solid foundations. The same is true for the legality of properties – where the legalities must be proven to be sound before you proceed any further. If they are not then you are in danger of wasting time and money and, ultimately, ending up with a defective house.

So, if you are thinking of buying a property in Spain always use a lawyer and always consult your Spanish lawyer – as soon as you think you have found the place you want to buy…

Written by Carolina Just Miró – specialist conveyancing lawyer
(Gandia and Oliva)
carolina@englishlawyerspain.com