CULTURE SPAIN – LAWYERS IN SPAIN

SPANISH PROPERTY IN LA DROVA

“So, having asked him for his Escritura (property deeds), he handed me,” my Spanish lawyer friend said, despairingly, “a receipt for 140,000 Euros…”

“A receipt?” I queried.

“Yes. The type of numbered receipt that you would get from your plumber for fixing your washing machine. The sort which has a carbonated copy within the invoice book.”

“And that was all that he had, by way of deeds – for a property that he had paid 140,000 Euros for?” I said, amazed.

“Indeed.” My lawyer friend raised his hands, hopelessly. “So, he has no title to the property. Needless to say, there are, of course, no surprises as to why he still lacks electricity and a landline telephone after three months of living there – as the so-called owner.”

“The property, of course, is completely illegal?”

“Oh, yes.” My lawyer friend pursed his lips. “There is absolutely no doubt about that…”

This was a conversation that I had earlier this year with a lawyer in Spain (actually someone from Britain, but he is fluent in Spanish and is qualified both in the UK and Spain). It was an extraordinary tale but only a variation of what I have heard many times before.

Indeed, over the past eight years you would be simply astounded by how many owners of Spanish property I have met who never used a lawyer to convey their property in Spain. Truly, it is nothing short of incredible!

Most often, of course, the lunacy of not using a lawyer in Spain only becomes apparent when the Spanish property concerned is found, on resale, by a potential buyer, to have serious legal problems. Alternatively, an owner, after a few months, may realise that he cannot get mains electricity or a landline telephone. Or, to his horror, he may find out that infrastructure works are planned, in which he may lose some of his land – as well as paying a significant fee (for which he had not budgeted!) towards the project costs…

Of course, the ripost of some people in Spain will be that, despite using a lawyer in Spain, they still ended up with problems with their Spanish property!

Unfortunately, this comment is all too often justified. The standard of legal practice in Spain is extremely variable, albeit that some lawyers supply a genuinely fine service, in which they provide the highest possible duty of care. Others, I am afraid, are simply appalling.  At worst, some Spanish lawyers can be either downright corrupt or grossly incompetent – with the one fault almost indistinquishable from the other…

Certainly, after a number of years here, I have found only one lawyer in whom I can place my trust completely, in terms of competence and integrity. Two others are probably alright (but unproven to me) – out of some 16 that I have dealt with, one way or another.

Obviously, my personal experience with lawyers in Spain (proportionately) should not, in any way, be interpreted as scientifically representative of the whole. That would be an absurdity.  However, on a personal basis, I am exceptionally careful about whom I use.

The answer?

Well, for good or bad – for Heaven’s sake – always use a lawyer for your conveyancing. A poor lawyer in Spain is almost always better than not using one at all.

Secondly, always use a lawyer who speaks your language fluently and who is completely independent of the other party and any agent or developer.

Thirdly, physically check that your Spanish lawyer has public liability insurance with a reasonably high level of cover (i.e. his insurance limit needs to be well in excess of the value of your proposed property).

Fourthly, get everything in writing. Everything! This is something many Spanish lawyers are very reluctant to do. So, get in writing (in your own language) all the advice that is provided by your lawyer. This tends to concentrate the minds of even the worst lawyers in Spain and provides you with ‘hard’ evidence – should the advice provided turn out to be defective.

Finally, try to use a lawyer in Spain who has been recommended to you – preferably by several, independent, knowledgeable people!

One thing is for certain. Spain is just like anywhere else in the world.  If you behave like an idiot here then you will end up looking like one and possibly be left holding a worthless slip of paper – rather than the proper title deeds to a fully legal property clear of all liabilities!

You can buy safely in Spain (many of us have) but do use a lawyer (always) after spending time and effort beforehand to make sure that he (or she) is really, really good…

RELEVANT INFO: How to Move Safely to Spain