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On our website, we mention on various pages (such as the purchase process in Spain and buying a property in Spain), that it’s wise to engage a property lawyer. This specialist checks the (provisional) purchase contract whether everything is correct from a legal point of view. But suppose: you are already a specialist in this field and the Spanish language does not cost you any effort, is it still necessary to engage a lawyer? We can definitely answer ‘yes’ to that. This specialist not only guides you in the legal field, but can do much more for you in this entire process.
Guide and counselor
When you have bought a house in Spain, a lot comes at you. Not only do you have to deal with the necessary things in the Netherlands when you decide to emigrate, but also in Spain the necessary paperwork is waiting for you. And this must not only be signed, but also checked. And that’s where a lawyer comes in handy. This is because he will extensively go through the purchase contract for you to see if everything is correct from a legal point of view. This already saves you a lot of work, since you no longer have to delve further into the world of Spanish real estate law or have to translate the most complicated Spanish terms. The purchase contracts are drawn up in Spanish. In addition, the lawyer performs other checking tasks for you. If you want to buy a house, it is nice that there are no further arrears or large debts linked to this house. Or that renovations were carried out in the past under an illegal building permit. By means of an extensive check of the purchase contract you prevent problems in the future.
When everything is in place, you can proceed with the purchase or sale of the house. In addition to the mortgage adviser, the lawyer can also advise you in advance on the best payment method, if desired. This is based on the personal situation. For one buyer it is a suitable option to withdraw the amount from the piggy bank, for another a (second) mortgage is a better solution. The lawyer will help you transfer the purchase amount and the taxes to the correct account. When you sell a house, this specialist ensures that the costs of the buyer are on your account as quickly as possible. After the purchase, the lawyer can also ensure that the property is registered in your name in the Spanish land register (Note: if you do not want this to be carried out by the specialist, you must still do this yourself. This is mandatory in connection with the taxes). In this whole process you can see a lawyer not only as a supervisor, but also as a counselor.
Not in Spain for a while? Give your attorney a power of attorney
All parties strive to make the process run as smoothly as possible. But it may still happen that you are not able to come to Spain to arrange a number of matters or to sign the deed of sale. In this case it is possible to give the lawyer power of attorney. The specialist will then sign the deed of sale at the notary on your behalf, if you are unable to be present at that time. But by giving a power of attorney to your attorney, they can do even more for you. Think of arranging a NIE number (the Spanish tax number), opening a Spanish checking account and taking out the necessary insurance.
The difference between a property lawyer in Spain and a gestor
Often a lawyer and a gestor are seen as the same person in this process, but this is not correct. There is a big difference in the tasks of these two specialists. The lawyer has a monitoring and guiding role when it comes to matters in the legal field. A gestor is actually more of a bookkeeper, who can also carry out purchase guidance as a task and sometimes only joins in when the deed of sale has been signed and the house is put in your name. This informs the necessary financial institutions that you are now the owner of the property. In addition, this specialist can help you with the tax return after you have bought the house. You can therefore see a gestor more as a specialist who helps you with the administrative handling of all changes in the legal field.
It is also possible to engage a lawyer who performs both the legal part and the duties of the gestor.
Costs for a property lawyer in Spain
We’re often asked what costs should expect when you hire a property lawyer in Spain? Just like in the Netherlands, this differs per law firm. In addition, the costs of the home and the work that must be carried out also play a major role. But in any case, count on having to pay 1% to 2% of the purchase price for the lawyer’s services. Would you like to know in advance what the total costs could be? Then ask the specialist if you can get a clear overview of the required work and the associated costs, so that you are not faced with surprises.
Contact with a Dutch-speaking lawyer
During the buying or selling process, a lot of complicated terms come up. Therefore, make sure that communication is good with your lawyer. In this case, it can be a good option to choose a lawyer who speaks both your home language and Spanish.
At Dream Properties International we can recommend a property lawyer for all legal support. It is in any case important that the lawyer is established in Spain and has good local knowledge. Do you have any other questions about the buying or selling process of your Spanish property? Please contact our advisors.
