Buying Property in Spain a guide provided by Chebsey & Co
Whatever your reasons for buying a property in Spain this is probably the first time that you have bought a property in Spain, or even abroad. Chebsey & Co have put this guide together to help you understand a little more about the process of buying in Spain.
This guide is aimed at providing some basic information about buying in Spain and tries to answer the majority of the common questions that we are asked about. Although we hope that you will find it useful it is important to remember that it doesn’t cover all legal issues involved and certainly isn’t a step by step DIY guide to buying in Spain. It is still recommended that you seek advice from a professional before proceeding – after all we do this every day and have been doing so for many years and therefore know all the tricks and pitfalls that you may come across. We also know the practical solutions to the problems that exist and also know how Spanish Law interacts with UK law.
Is the legal system in Spain the same as the UK?
No, they are very different, but there is an interaction between them when you buy a property in Spain. That is why the best person to advise you on your purchase in Spain is somebody who understands both Spanish and UK law.
Do I need a lawyer to help me buy in Spain?
Surprisingly this is the most common question that we get asked. No, you don’t – just like you don’t necessarily need a lawyer when buying in the UK. However, in reality you would always use a lawyer when buying in the UK so what is so different about buying in another country where you probably don’t have experience of buying before?
I have been told that I don’t need a lawyer but need a Notary. Is this true?
The Notary is important in Spain but tends only to get involved at the end of the transaction. His role is to carry out some basic checks at the end and attend to the signature of the title deed and in some cases to register the property. He doesn’t normally advise on whether the contract is OK to sign, whether you should pay the deposit, who should own the property, and so on.
Is a Spanish lawyer going to be cheaper than a UK solicitor?
Some will and some won’t. We don’t think that you should chose your legal representation on price but if you are then make sure that you are comparing like with like. Generally speaking UK based solicitors will get much more involved than their Spanish counterparts and can actually save you much more money long term because we understand the tax systems in both countries and can avoid costly mistakes that you would otherwise make.
| This is an excerpt from the ‘Buying In Spain Brochure 2012’ produced by Chebsey & Co Ltd. Download the full brocure for free. | Download > |