During the process of buying real estate in Spain, legal checks are by far one of the most crucial steps for which it is strongly recommended, if not mandatory, to engage a lawyer. With laws changing and varying depending on regions or cities, let’s explore why hiring a lawyer when purchasing real estate in Spain is of paramount importance.
What does the profession of a lawyer in Spain entail?
In Spain, a lawyer, similar to a notary (see our article on the role of a notary in Spain), is a legal professional who assists clients during a transaction or dispute.
Therefore, the lawyer serves a supportive role for their clients, which may be necessary in both legal proceedings and outside of a judicial procedure.
The scope of work for a Spanish lawyer extends across various sectors:
- Family law
- Business law
- Administrative law
- Criminal law
- Inheritance law
- Real estate
- Tax law
What is the role of a lawyer in the purchase of real estate in Spain?
The lawyer will conduct a series of checks that the notary may not be involved in. In Spain, notaries have a more limited role than in France or Belgium. However, this doesn’t mean it’s not essential. The lawyer will:
- Verify the guarantee of absence of debts (outstanding costs, mortgage, etc.);
- Obtain and verify the certificate of registration with the municipality;
- Check any urban planning projects;
- Verify the property’s compliance with the land registry;
- Check the concept of the authentic deed.
Fees of a lawyer in the purchase of real estate in Spain
When purchasing real estate in Spain, most lawyers establish their fees based on a percentage of the property’s value (between 1% and 2%). Others offer a fixed amount, starting at 2,000 euros. However, certain criteria can alter these fees (for example: the lawyer’s reputation, complexity of the case, location, etc.).
Note: In Spain, many so-called “Asesor” professionals call themselves “Lawyer” without having the required diploma.
These are professionals (often accountants) who play with ambiguity and take advantage of their clients’ trust. Always ensure that the person you are in contact with is registered with the bar association of the capital of the province in which they are active.
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