CONVEYANCING. ALWAYS USE A TRULLY INDEPENDENT LAWYER.
An important piece of advice that foreign citizens should always take into account before proceeding to purchase a property in Spain, is to seek the advice of a bilingual independent lawyer, specialised in conveyancing in the region in question.
As we always advise our clients, “NEVER to sign any reservation document or contract, or to make any payment whatsoever in concept of a deposit or part payment of the transaction, without the previous supervision and approval of your lawyer.”
Surprisingly, the use of legal services when purchasing property is not common in Spain. Lawyers tend not to act preventively prior to purchase by supervising the transaction, instead their work tends to be posterior, to resolve legal problems in court that arise from the absence of an expert conveyancing service previous to purchase.
Unlike the English legal system where there is a protocol for the Conveyancing process (The Law Society Conveyancing Protocol), in Spain this tradition does not exist. Therefore, there are no legal, regulatory or urban requirements for real estate transactions. For that reason, problems may arise subsequent to purchase, that could have easily been avoided by using an independent expert conveyancing service like MSG LEGAL can provide for you.
During the purchase of real estate in the UK, it is unlikely that the parties involved carry out the transaction without the assistance of an independent lawyer specialised in Conveyencing. Consequently, if the sale or purchase takes place in a foreign country and furthermore in a foreign language, the assistance of an expert independent lawyer is vitally important to protect the interests of the party in question.
The ‘independent’ characteristic in these kind of transactions is extremely important, a lawyer associated in any way to the Property Developer or Real Estate, although without prejudice and with due professionalism, will be obliged to assure the successful outcome of the real estate transaction. Therefore, on occasions conflicts of interest may arise that could adversely affect the total commitment to protecting your personal interests as a purchaser.
How to find a local expert law firm that will protect your interests?
We recommend that you seek advice from other purchasers, consult independent professional associations such as AIPP (aipp.org.uk) and verify that the law firm you contact belongs to and is regulated by the Illustrious Bar Association .
At MSG LEGAL we can offer you a professional and independent Conveyancing service, provided by our bilingual lawyers with expertise in Property Law. We can also advise you on matters related to the purchase such as taxation and testamentary law.
Please note the information provided in this article is of general interest only and is not to be construed or intended as substitute for professional legal advice.
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