Buying Property in Northern Spain - Why You Need a Solicitor

If you are planning to buy a holiday home, or toMost Spanish property buying problems are caused
permanently relocate to one of the northern Spanishby a DIY approach that can easily be avoided by
regions like Galicia or Asturias, there are a fewtaking legal advice from a specialist whose job it is to
regional property buying characteristics that you needlook after the buyer's interests. To make this even
to be aware of.more attractive, solicitor's fees are far lower in Spain
The good news is that the "land grab" problems thatthan in the UK, Ireland or the USA and this makes
have seen so much bad publicity in the UK media andthem an insurance policy that no buyer should be
beyond are not an issue in the northern Spanishwithout.
territories. Consequently, the illegitimate taking of landWhat will a solicitor do?
and property by co called "legitimate" means is not aIn northern Spain many properties, especially rural
factor that any northern Spanish house buyer needhouses, are unregistered. This means that, whilst
concern themselves over.there may be a deed of ownership, or a bequeathal
Even so, buying property in Spain can have its risks ifin a Will, the property and land may not be legally
you do not understand the system, so the first thingregistered in the eyes of the law.
that you need to do is find yourself an EnglishWhen this is the case, formal ownership may not
speaking solicitor based in the area. This solicitor willhave been established and it is essential that any
be your protection against the lack of legal formalitypurchaser buys from, and pays all of, the legal
and legislation in the Spanish real estate (realtor)owners. If this is not the case, then the ownership of
sector.the property may be a source for future legal action
Amazingly, this is something that many foreignand one that is taken against the buyer.
buyers decide against. So the important question toA solicitor will establish legal ownership, along with the
ask yourself is this:terms and conditions of the sale and the property
"Would you buy a house in your own country ofincluding the dimensions of the plot, any rights of
origin where you are familiar with the language, legalway and any special conditions that a seller may wish
system and general property acquisition practices,(or try) to apply.
without legal assistance?"Many none Spanish buyers assume that a notary will
If the answer is "no", then do not think of "going itdo this on their behalf, but they are wrong. A notary
alone" in a foreign country where you do not knowis a government official whose job it is to establish
or understand any of the above! This is a recipe forthe legitimacy of the contract and to collect tax on
disaster and those who do "go it alone" usually paythe property sale.
the price - and this is far more than a one-timeTheir role does not include protecting or offering
solicitor's fee.advice to the buyers, be they foreign or otherwise.