jeanc

When you buy a property in Spain is it only the buyer that has a solicitor? We are in the middle of buying, as you know, and it has occured to me that no-one has mentioned a solicitor for the sellers. I only get correspondence from my solicitor or the estate agent.. Is this the norm?

Hillybilly

Neither buyer nor vendor has to use a solicitor. The majority of Spanish vendors certainly don't bother. I've bought twice here, both times without a solicitor and in both cases the vendors didn't use a solicitor either.

Mitzyboy

Even so, its sound advice always to use an abogado for a house purchase. Although I accept it can be done without one, Spainish expats have many stories to tell about house purchases going wrong, illegal builds being purchased etc etc.

I would never buy a house in the UK without a solicitor, and with the added complications here of language and different procedures, I just don't think its worth the risk.

jeanc

I agree with you mitzy, I would not part with my hard earned cash without a say so from the solicitor.

EsuriJohn

Hi jeanc,

It seems to me that the crucial move is in signing the "Private Contract" that starts the whole purchase procedure off.

You need a truly independent English speaking advisor for that part because you can really come unstuck at that stage and be tied in to something that is not to your advantage. The Spanish seem to take a much more relaxed attitude to this part but they understand all the nuances and legal terms that we might not. From then on with research and due diligence you can do it yourself, I did but the builder supplied his draft escritura with an English translation.

The Notario has to be satisfied that you fully understand what you are signing so if you don't have the English version then you will need a certificated translator at the Notaries office.

Regards,

John.

keithwalters

Yes, very normal. Particularly if your sellers are Spanish....I can´t imagine any set of circumstances when a Spaniard would employ a solicitor to sell their property.

If the seller is foreign they might employ one, but only if they don´t really know what they are doing and need to feel comforted by having their hand held through the process and don´t mind paying for it!

jeanc

I have been lucky that we are buying from an english couple and the estate agents they used are british, but fluent in spanish ( all of them ) and have been very helpful. The origional contract was in english. My, independant, solicitor is spanish with fluent english so hopefully things will go well! Fingers crossed!

jeanc

But then as has been said before,you would not buy a property in uk without a solicitor or a survey so if you don't do it abroad then you can't moan when it all goes t*ts up!

keithwalters

Sorry, but I thought the original question was about the seller's solicitor, not yours???

sjrw

This thread seems to be backing up that old chestnut..

The English leave their brains at the airport when they get on the plane.

keithwalters

The first ever property that I bought in Spain I used a solicitor....only because I really didn´t know what I was doing at the time and it was therefore necessary.

But since then I have bought a further two properties and didn´t use a solicitor either time (for sale or purchase). In fact I´m in the process of buying a property at the moment and neither of us have used a solicitor or an estate agent. But I wouldn´t recommend this course of action unless you a) speak Spanish well enough to read the contract and b) understand the conveyancing process well enough to be able to do it yourself.

But going back to the original question.....is it normal for the seller not to be using a solicitor? Yes, it is. Using solicitors for house sale/purchase is a Britishism brought about by lack of understanding of the system and inability to speak language.

sjrw

If you're buying via a mortgage then the bank won't lend the money unless it's legal decent honest and truthful. If you're not buying with a mortgage and don't use a solicitor when *buying* then don't blame anyone else when they come and bulldoze it.

If you wouldn't do it in England, don't do it anywhere else.

keithwalters

Yes, I am buying via a mortgage. And yes, my property is 100% legal - I know how to check this myself, hence no solicitor needed. I am perfectly capable of going to the same places that a solicitor would go to make these checks.

However, if I were purchasing in the UK I would definitely use a solicitor as I haven´t got the foggiest idea about conveyancing in Britain and wouldn´t know where to begin.

But we have strayed from the original question.....is it normal that jeanc´s sellers have decided not to use a solicitor? Yes, it is.

sjrw

That was a good answer.
I personally wouldn't dream of doing EITHER without someone holding my hand. But a lot of people sell without legal help.

There are numerous tales told on the news, of people who bought 100% legal properties, only now to be trying to prevent them from being bulldozed, but I suppose if you are selling, then it's someone else's problem.