The risk of not having an independent Lawyer in the purchase or sale of a property in Spain

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We occasionally receive enquiries from clients who have suffered wrong advice and even abuse from some of the professionals who have been involved in the process of buying or selling their properties in Spain, including the agents, consultants, banks, etc. For this reason and to ensure the legality of the transaction, we understand that it is essential to hire the services of an independent lawyer, so if there is any problem you would be able to claim for liability. 

Always remember to ask your lawyer to confirm their registration number on the territorial Law Society they belong to. You can check if a lawyer is properly registered by looking on the following website: http://www.abogacia.es/servicios-abogacia/censo-de-letrados/ 

You should also know that to register with the Spanish Law Society, lawyers must have professional liability insurance. 

Many clients inform us that on some occasions they have been recommended a lawyer by the real estate agent or the seller or promoter. We believe that in these cases there can be a clear conflict of interest. It is essential that the lawyer chosen only looks after the client’s interest and rights. Here at White Baos Lawyers we advise against contracting a lawyer who has a professional relationship or represents any of the other parties of the transaction. 

In addition, an independent lawyer can avoid unnecessary economic damages. Without going into great detail today, we can relate that recently we warned an expatriate client buyer of an abuse that a bank wanted to commit against him, as he had been informed by this bank that as a necessary part of the mortgage loan applied for, the client had to sign a life insurance, which was unique and carried a pre-paid premium of €30,000, more than 10 times the normal cost of a premium in the open market. Clearly, this was a real abuse. Apparently the bank was introduced to the client by the agent as the best possible bank in Spain to get a mortgage loan. 

An independent lawyer will tell you that you should compare between different banks’ offers, before agreeing a mortgage loan, or opening an account, and even if the lawyer can recommend some banks they will always advise you to compare between as many as possible, to be able to contract what is the most suitable for you, the same applies to insurance companies, currency exchange companies, etc. 

An independent expert lawyer can provide you with information about the process of buying or selling in Spain, drawing up the contract that best suits your circumstances and protect your rights, and will ensure that the property you want to buy is in the correct land registry, urban, planning, cadastral, etc, status. And they will warn you about the possible risks of the purchase or sale, etc. 

Contact us ( www.white-baos.com ) and we will help you. 

The information provided in this article is not intended to be legal advice, but merely conveys general information related to legal issues. 

Carlos Baos (Lawyer) 

White & Baos. 

Tel: +34 966 426 185 

E-mail: [email protected] 

White & Baos 2022 – All Rights Reserved. 


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