Tuesday 17 April 2012

Which Spanish lawyer in Spain

One of the most talked about subjects on Spanish forums and websites is how you source a lawyer in Spain and avoid at the same time using a lawyer recommended by the estate agent you are buying through.

Whilst many Spanish Lawyers recommended by agents will of course be very good there remains the concern about whose behalf the lawyer actually works for.

Will the lawyer stampede you to purchase contract in a reckless manner and avoid telling you about any issues they do not deem require imparting, on a need to know basis, or will they keep you the client informed of all aspects and allow you to make informed judgments about just how much risk, however small you are willing to take.

There is often a concern about who the lawyer would be more willing to upset, the agent or the client. It is not necessarily a question of whether finally the lawyer puts a client into a situation where clearly they were negligent, but about how transparent they were with the client when discussing possible implications of a property, or minor legal infractions.

The question lots of people ask is will the Lawyer be inclined to move with more haste than is perhaps sensible. Will they have only one focus which is securing the sale on a signed contract and tie the sale in financially just because this is the agent’s only goal.

Will they allow the vendors lawyer to hold the upper hand on what type of contract gets signed and clauses, or will the clients lawyer be pushing for maximum protection for the buyer even if this risks upsetting the sale.

It is the obvious conflicts of interest that cause most of the concerns.
The alternative side to the perceived issue is of course that if you do not use a Spanish lawyer recommended by the agent, you are on short buying visit to Spain, you are not living in Spain already, how do you ensure you appoint a lawyer who is competent and cost effective. You may appoint a Lawyer that has no conflict of interest but just how good are they at their job.

Given how important legal advice is when buying in a foreign country the answer is that you should ensure you do take the time to do your homework before picking your service provider and do this before committing to a property.

Some pointers to safely appointing a completely independent lawyer would include

  • Many Spanish legal advisers now promote their services on the Web so you can search from the comfort of your own home. Try wherever possible to have appointed your Lawyer before coming to Spain to buy this way you are not under pressure to appoint without researching first.

  • Check if someone you know has had prior experience with anyone in Spain and what is their feedback.

  • Check the selected firms can provide you with previous clients contact details who would be happy to give a testimonial.

  • Checkout their knowledge levels, are they able to, and readily without prompting, articulate the buying process and point out the downsides and things to watch out for as well as the upside.

  • Speak to at least three firms and get quotes for the legal work. Probe for not only the costs applicable but what activity this will include, what disbursement costs you can expect and insist this is given in writing.

  • Test the ability of the lawyer and their staff to communicate effectively in your language both verbal and written. More problems happen to due to misunderstandings caused by language and cultural barriers than anything else. Not only do you need a Lawyer that can speak English but also one that understands you and your full requirements.


For further info contact:
International Conveyancing Solutions
Heather Chambers

Lista de Correos
C.P 29110
Monda
Malaga
Telephone: +34 952 45 97 45
Fax: +34 952 45 97 42
enquiries@imsconveyance.com

1 comment:

  1. Hi'

    A fantastic article and we are always amazed at how clients forget or just don't realise how important obtaining a good lawyer in Spain is.

    You really need to locate a highly reputable lawyer who either has knowledge or access to the correct information regarding your particular requirements.

    We have seen clients dreams ruined by purchasing property for example without all the I's dotted and T's crosssed and thorough checks done all round.

    with kindest regards

    Adam Oakley
    Removals To Spain

    P.S please feel free to contact us regarding guest blogging on our site as we feel this would be of extreme value to our customers.

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