The role of the lawyer

By Vivi Real Estate | 14 de March de 2022 |

What is the difference between a lawyer in your country and a Spanish lawyer? There are some important differences and similarities. For example, did you know that the registration of real estate in the Spanish Land Registry is voluntary? This means that not all property details appear in the Land Registry! We have answered these and other important questions below, read on for more information!

What is the role of the Spanish lawyer?

The role of an experienced lawyer is to ensure that there are no hidden surprises and that a competent lawyer knows how and where to look. Without this knowledge, the legitimacy of the construction is often obscured. An experienced real estate lawyer understands that the registration of a notarial deed of ownership at the Land Registry Office is not proof that the construction is legal.

What is the difference between a lawyer in your country and a Spanish lawyer?

Language barrier, many lawyers in your own country do not speak Spanish and many of them do not know the law in Spain. For that reason, a Spanish lawyer is best for you. Only lawyers based in Spain know the system and the Spanish buying process. However, there are multiple Spanish based lawyers that do speak your language, and we at ViVi are partnered with many multi-lingual lawfirms that we trust.

Spanish land registration, The registration of property in the land register is voluntary. However, not all property details appear in the land register, as registration is voluntary unless you are buying property with a mortgage. A thorough due diligence is necessary to ensure that the right team, experienced in property transactions in Spain, is acting on your behalf.

I want to finance the property with my own funds, what does the lawyer do?

You found your own luxury villa or apartment and want to buy your dream home with your own funds. If the house is to be financed with its own funds, the source must be verified. This task is carried out by lawyers and relevant banks in accordance with current European legislation. The lawyer will check if there are debts on the property, if it has all the permits, will check the mortgage on the property and the financial status of the sales.

What do I need to consider before buying a house?

The first thing to bear in mind is that there are some important things to consider before buying a house, such as applying for a NIE (if you do not already have one) or opening a Spanish bank account. These procedures, although they may take some time, are necessary to finalise and/or enable the purchase of the property in question. The lawyer will also carry out a background check on the property and arrange all the paperwork for the purchase.
Another point to take into consideration is the necessary verification that the seller is the rightful owner of the property to be purchased. For this reason, it is essential to check the ownership of the property as well as the debts that may exist from, for example, unpaid utility bills. If in the future, the corresponding bills have to be paid with the damages that this entails.

What requires special attention?

It should be investigated whether the whole property and also the possible swimming pool is legalised or the actual area corresponds to the official one. This issue can sometimes be forgotten but it is advisable and necessary to check this before making a decision.
A valuation of the property in question is required before making any payment or signing any documents.
A lawyer in Spain often charges a basic fee of 1% (of the purchase price) The costs vary from lawyer to lawyer but are usually between 1 – 2% of the purchase price excluding VAT.
Lawyers in Spain usually charge a basic rate of 1% (of purchase price) The costs differ per lawyer, but are usually between 1% and 2% of the purchase price, excluding VAT

If you are curious about the overall buying process click here for more information, leave your contact details and let us call you to inform you about the buying process or download our buying guide