Solicitor

"A lot of comments on this but very few actually help the OP"

Sorry to disagree, but I have learned some interesting things on this thread. Horses for courses.

We did not use a solicitor when buying, but for a whole load of good reasons at the time. Since then we have used Abad in San Javier as recommended by a long term resident. They have proved invaluable in helping us make some very important decisions. There are some very good solicitors in Spain just as the UK and there are bad ones too, just as in the UK.

The Spanish legal system is different to the UK. Good lawyers are versed in accountantancy too, and can be very helpfui in providing a comprehensive view before proceeding with important financial decisions.

Thanks to the likes of "Eye on Spain" we did know about FLO's etc. We did loads of research. That was back in 2008. So if I am continuing to learn about the ability to get an tax valuation in advance, that is just wonderful. Admittedly a good lawyer can help through the buying process, but please do not throw away common sense when buying in Spain.  

Just some thoughts

Saludos

Juan

juansheetisplenty

yes lots of info some good some not

but as the OP asked for recommendations of a good solicitor I don't see many recommendations in the postings

i sent one by pm to avoid advertising

There were two recommendations. IMONT and ABAD. We use ABAD. Recommend. Simples

Saludos

NCS Solicitors did well for me they cover all Murcia.

Thanks for the pm's, feedback and recommendations.It has been very helpful and I am better informed now :-)

Roy, you ask, "Also why do people use the agent to do the work, do your own due diligence ask are you a lawyer"? 

It's because people get friendly with the agent and the agents give the impression of knowing everything.  I think one reason for this is that agents say, "Let me help you buy a house, even if you see it advertised with someone else contact me and I can sort it".  I had an agent spend probably three full days driving me around showing me properties and I did contact him to help me buy a property I found myself because I appreciated his work.  As the owner of a large estate agency myself I would have definitely sacked anyone who drove a prospective buyer around for 3 days because 1) We could never sell a property not already contracted to us and 2) we charged 1%. 😅. But you're absolutely right, no Brit would buy a house in Birmingham or Brighton without using a firm of solicitors, why abandon all common sense when buying abroad?

You are correct about trusting the agent but as I always say to my clients, do your own checks  look on the forums and websites and even refer this to this site and others in Murcia & Torrevieja

At the end of the day most agents want to sell, many are not salaried so they have to sell but some like me rely on referials and often people only buy on a 2nd trip, especially if they don't know an area

The market is moving fast, but has stalled a little because of Brexit but there is  growing problem, with availability of sensibly priced resales a problem. One large agent have recently stopped providing a direct feed to ther agents but the only way to provide the best selection of properties is to colaborate with other agents, don't leave your brain on the plane

But I object to the practice by some agents on adding a bit more on top of the price that is listing the property,  I always check all agents listing to make sure the client is getting the best price, we don't list directly and are always only acting for the buyers

On new build propertires there are far fewer key ready properties, many of the better developments in my area have a years wait on off plan construction

One problem with people that are coming over is that they don't do their own research, they watch A Place in The Sun 2013 and expect to be able to buy a 3 bedroom villas with a pools, walking distance to the beaches for €50k, or  rural property ready to be renovated for €5k and then get upset with the agent when they cannot deliver

They also don't know that 100% mortgages are tough to get, that you have to add between 10% - 15% to any price for legal fees, that sellers are not willing to accept offer that are half the asking price and finally water, electricity,community fees and running costs apply  

"A lot of comments on this but very few actually help the OP"

Au contraire - the message is: whichever solicitor you pick, be aware most play by different rules and standards.

There have been 3 recomendations so far NCS, Imont, Abad and I would also add Fuster to the list

It is pretty pointless suggesting lawyers if all that happens is that other posters rubbish all lawyers, based on their PERSONAL experiences, were any of the lawyers mentioned the one that provided bad service

As I said it is also up to the buyer to do their own due diligence, to not accept bad service, to query things and if you don't follow this practical advice then it is up to the buyer

Inspectahome, we must agree to disagree, but perhaps these you list are the best of a bad bunch.

If it is up to the buyer to do their due diligence what  is the point of engaging and paying for a solicitor...that comment probably explains why some people decide to go the DIY route.

As a first time buyer in Spain..I. have decided to engage one of the recommended solicitors solely based on number of referrals here and privately.i will keep you all posted as to my experience and I will definitely be carrying out my due diligence albeit I don't understand why I need to if I am already paying for that service to be rendered by the professional. 

Typically on a new build for example the buyer will agree the deal with the agent and the developer, for example extras like white goods, AC, parking spaces and the completion dates

We typically write EVERYTHING down and present this to the lawyer and meet the lawyer with the buyer, thsi isn't the norm, so when I talk about diligence, then I am talking about the buyer checking that the sales contract matching what has been discussed

On resales the property will often be purchased furnished but again the lawyer will not have been at the viewings and not know what has been agreed. Buyers MUST insist on an inventory which should be part of the sales contract process, ideally a photo inventory,

As I say the LAWYER will not have been present at any of the meetings with the sellers and agent so the more you document the better and habve the property checked just BEFORE completion, ideally same day if possible

Thanks...

All of these outstanding and compromising "problem areas" associated with the Spanish conveyancing system could be prevented if there were compulsory mechanisms in place to stop these "transgressions" from occuring AT SOURCE. i.e prevented from the outset.

This could be addressed by a system that protected legal transmission of property via COMPULSORY provision of all necessary documents, rather than a system which heavily relies upon professional due diligence, ethical practice etc, which as has been identified to date is sadly open to abuse/malpractice and heavily reliant upon purchaser research.

So, no legal transmission of property could occur without the required and relevant paperwork in place for any given purchase. I.e. BG, Legal licence, community debt certificate, complimentaria tax certificate, updated landregistry details, inventories etc etc.... This would in effect be a compulsory system enforcing production of all necessary paperwork to ensure safe transmission and purchaser protection.

I have to ask the question therefore, why are the Spanish so reticent to strive for effective solutions to prevent problems at source, as opposed to dealing  with problems after the event, especially when there appear to be ineffective regulatory bodies in place to adequately deal with these consumer protection issues, instead of relying upon "word of mouth" recommendations, own research?

In this day and age, it seems an irrational system that places purchasers at undue risk in this way, and sadly does a grave disservice to good agents and lawyers alike who have to continue to defend their reputations and deal with a comp!ex system full of potential loopholes.

This message was last edited by ads on 16/04/2016.

If you read these posts you would believe that there are hundreds of problems, thousands of properties that don't complete, but the facts are that, using the current system there are thousands of new build and resale properties that people complete on and happily enjoy year after year and for that reason the chances of the Spanish changing the system is zero

It remains the problem cases that people hear about, not the thousands of successful purchases and much of the problems posted on here now seem to be from the same group of people

h

inspectahomespain

well said

many UK home owners have had just as many problems but again probably a minorty considering how many properties are sold every day, week, month, year etc in UK (probaby same across the EU and the world)

remember many love to bash Spain yet they call it home

The intention is not to "bash Spain" but to seek reform of a system that has many conveyancing loopholes, better protect the rights of purchasers, and make more accountable those who do a grave disservice to good professionals who are honest and courageous enough to recognise the compromising failures and remain focused on addressing aspects in dire need of change. This should not become a divisive issue since the intention is to address some uncomfortable realities but to the longer term benefit of all.

Tadd1966 - if your name was Prior who had their home demolished and lost their life savings, I suspect you might have a different viewpoint. 

Of course they had a high profile tortuous disaster with their Spanish property.  But there are hundreds of others - see http://www.telegraph.co.uk/expat/news/retired-britons-illegal-homes-knocked-down-in-spain/ and many more!

I am not "bashing" Spain as you crudely label it.  I love many aspects of Spain. 

But they are absolute dinosaurs in some areas - many are of no consequence and add to the charm of the country.  But their legal "system" in most areas, including house purchase and attitude towards animal welfare is generally atrocious and needs to change.  In my experience you only do so by highlighting the deficiencies when the opportunity arises.

acer

anyone would and I have greta sympthay for them

this is not unique to Spain and for very single one that has problems with house purchases etc. there are many thousands who have not had problems and many have been very satisified with the services received, process to buy and the property they own, including myself.

dodgy solicitors, dodgy sellers, dodogy estate agents and naive buyers - a recipe for crooks and disaster anywhere

same in buying just about anything from anywhere

sadly some / many  (maybe not you) seem to get some enjoyment in bashing Spain at every opportunity

Tadd 1966 (what a great year that was), what he's saying is that it should be made more difficult for people to be ripped off by rogues and doing so would improve what is already great.  It's like being happy with your car you build but then if you can also add a bundle of safety features and improve the reliabilty then it's time for the Mk.2.  I've lived all over the world and am aware that sh#t happens elsewhere and I can personally point to 3 lawyers I know have made between a million and 15 million dollars from ripping people off. That doesn't mean, "Hey it could be worse" it means it could still be a lot better. And in the UK solicitors who screw up are usually ready to talk compensation quite quickly and I would say it's very rare that a UK solicitor would either favour a party other than their client and more rare still for one to deliberately rip off a client. I think there's room for improvement in the conveyancing procedure and responsibilities but I hope it doesn't go the way of England where lawyers are so nervous that due diligence becomes a nightmare of paperwork and a shifting of responsibility from the lawyer to the vendor which necessitates employing another lawyer to help you out with that lot!!!