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09 Sep 2016 20:06 by wstrazzer Star rating. 2 posts Send private message

Everybody

 

what is the correct procedurte to buy a House in Spain





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10 Sep 2016 11:50 by windtalker Star rating. 1670 posts Send private message

I am surprised that know one has replied to your post,with the information you require.





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10 Sep 2016 12:20 by newworld Star rating. 917 posts Send private message

windtalker, Tell him how it's works then ?





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10 Sep 2016 12:23 by newworld Star rating. 917 posts Send private message

Have look at this for tips on buying in Spain.   http://theresorts.co.uk/handy-info-buying-guide/





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10 Sep 2016 12:56 by baz1946 Star rating. 2177 posts Send private message

Some on here will tell you that you don't need a Solicitor and you can go it alone, yes you can, but as you have asked the question then it would appear you know very little, in your case use a good Solicitor, some on here will say no such thing.

I have always used a Solicitor and as far as I can tell, because I have never had any problems with house buying then I have to say they are okay.

So firstly go and search out a Solicitor, ask how much their charges are, ask every question you want to ask of them, if they don't know the answers ask them to find out, use you eye's and ears as to how good you think they are, perhaps someone you know has one and can recommend them, if so even then make your own mind up.

Once this is in place and your happy with the outcome, search out your house in the area you feel you would like to be in, take your time, if you find one, I look at it morning, afternoon, eve's, Saturday and Sunday.

Like it and agree the price, go to the Solicitor explain what you're doing and let them take over, but you must be in charge. DON'T give any deposit over either to the seller, Estate Agent or anyone else who ask's except your Solicitor, and even then get a receipt, they will tell you what happens if you the buyer, or the seller backs out.

It's a lot better then the way it's done in the UK (If your from the UK) yet like as in the UK be wary of everything.....VERY WARY.

Just a little to be going on with and hope it helps a bit.

 





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10 Sep 2016 16:01 by johnzx Star rating in Spain. 5241 posts Send private message

wstrazzer,

Good advice from Baz,  but as I understand it most of those who over the years have found they bought properties which had no , or dodgy planning permissions, titles,  etc., had lawyers,  so finding a 'good one' is not that straightforward as you may still end up with the problems other have had.

Asking around is fine,  but just because a buyer did not have problems may not be down to the talents of the lawyer but just that all was in order, so the lawyer in effect only had to ‘rubber stamp’ the transaction.     A buyer who had lots of problems which were resolved by the lawyer may be a better guide to who might be a more competent lawyer: The one who was just lucky or the one who was able to resolve the problems.  Any lawyer 'can be lucky.'

 

Good luck

 


This message was last edited by johnzx on 10/09/2016.



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10 Sep 2016 18:56 by tteedd Star rating in Hertfordshire & Punt.... 959 posts Send private message

Buy a book on the subject.

We had several. The one still on my shelf is called 'Buying a home in Spain' ISBN I 9001130363.

It was published in 2002 but there were several updates before we bought it. So you should be able to get a modern version or something similar.

Most similar books are good but avoid those given out by agents or people trying to sell investments. There is usually lots of information that you will need to hand as the process of buying proceeds.

Do use a good abogado.

As said below don't sign anything or give any deposit before you have seen your abogado.

But, not as said below, far more people get into trouble buying in Spain than in the UK. The law in Spain seems solid enough but it is difficult to apply it and developers have been used to getting away from the proper proceedures by giving bungs. So one of the first things you need to ask your abogado when you find a property is 'is everything about this property totally legal'.

Read some of the threads on this site and you will see what I mean. A recent one is 'An Orihuela Townhall Scandal'.

 





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10 Sep 2016 21:06 by inspectahomespain Star rating in Orihuela Costa, Spai.... 2417 posts Send private message

Vip Supporter

First find a house that you want to buy and then I am sure that there will be plenty of local advice, ignore most of it and find yourself a good Spanish lawyer



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Roy Howitt Independent Property Consultant www.sonrisaproperties.com www.snaggingspain.com WE CAN FIND YOUR DREAM HOME 627 955 748



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10 Sep 2016 23:23 by DuncanMcG Star rating in Manchester, UK. 377 posts Send private message

DuncanMcG´s avatar

Start here

How to buy property in Spain

Then get yourself a good English speaking Spanish lawyer

List of English speaking lawyers in Spain


This message was last edited by DuncanMcG on 10/09/2016.

_______________________
Never wrestle with a pig. You will both get dirty and the pig will enjoy it.



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11 Sep 2016 08:04 by windtalker Star rating. 1670 posts Send private message

Newworld has asked me to tell you how it work's in Spain .So hear we go it doesn't matter if you employed the best lawyer or read the best books ,one of the most important things that people overlook when buying is that if your urbanisation is not completely Finnish when you have bought ,the likely hood of it ever getting  the facility's and service's that you have been promised are very unlikely ,for instance the urbanisation I have bought on has approximately 4,000 properties on it the properties are completed with all the legality of ownership in place but the BUILDER'S MASA DECLARED BANKRUPTCY BEFORE THE ROADS /SERVICES PROMISED were Finished    this is extremely common in Spain basically what happens is that the unscrupulous builder's will add up the cost of finishing the site and then look at the profit margin and then go in to liquidation perfectly legal to do so ,unscrupulous and immoral  but perfectly legal to do so and then start up under another name the very next day apparently    it will cost about 10,million euro's to Finnish the urbanisation I have bought on so the morale of this story is  MAKE SURE THE SITE IS COMPLETED WITH ALL THE SERVICES PROMISE IN PLACE you have been warned . sorry for the negativity Duncan Mc G good luck with the purchase .

 


This message was last edited by windtalker on 11/09/2016.



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11 Sep 2016 08:49 by acer Star rating. 1365 posts Send private message

Johnzx makes a good point.  Often people recommend solicitors on the back of the back that their sale was straightforward.  But it's quite possible that their problem is yet to be unearthed, or there were no problems.

For sure as a generalism Spanish solicitors are lightweight, they don't do all the searches, check documents thoroughly or give advice as they should.  I also have personal experience where favouritism was shown to their compatriot - even though I was the client.  It seems to me that if the other party is wealthy and represents a useful future contact for your solicitor, you need to be particularly wary.  Ethical standards are lower than you might expect.

Of course there will be exceptions, but I've used four in the last 15 years and none have been as thorough as the UK solicitors I've used.  I bought a property recently and there were several flaws in the sale document drafted by the Spanish vendor, including the fact that the underground car parking space was not listed.  I had, kind of assumed, that as I had been shown the parking space it was included in the purchase, silly me.  Only as I questioned it's omission was it included - the devious Spanish vendor was trying to pull a fast one.  My solicitor had made no comment, even though he knew the property.

If you happen to chose a good solicitor, well lucky old you.  But it's a lottery.  Yes you need one, but don't rely on them at all.  Check every detail, if you are unsure confirm comments in writing and insist on a copy of the sale contract in at least 48 hours in advance.  Otherwise you find you are ushered into a room with lots of smiling faces and feel under pressure to sign, without being able to consider the detail until it's too late.





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11 Sep 2016 10:49 by Roberto Star rating in Torremolinos. 4495 posts Send private message

Roberto´s avatar

So I'm not the only one whose board this morning? Amazing how many peeple bother to respond sensibly to a ridiculus question. And its time to fess up - whose clicking the like button on posts about urbs where not ALL the peeple are from Finland? Really?? Are you likeing it just becoz it makes you larf so much?



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"Politicians and diapers must be changed often, and for the same reason"

Mark Twain

 

 

 




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11 Sep 2016 11:06 by wstrazzer Star rating. 2 posts Send private message

Thanks to all the good advise

i appreciated to read them and will have enoeugh to do my homeworks

 





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11 Sep 2016 11:30 by windtalker Star rating. 1670 posts Send private message

Roberto you are right we get at least 1 post per week on EOS from the ,l am thinking of buying brigade and the EOS members gladly give tell them the pitfalls of owning and buying a place in Spain,but unfortunately for them they do not take any notice as soon as the Shine's on them .And then they are back on EOS telling the membership how they have just been screwed ,personally l would put it down to the sunshine/cheap wine / stupidity.





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11 Sep 2016 13:57 by acer Star rating. 1365 posts Send private message

Methinks the cynics are also a bit bored today.

I admit that this post was more of a controlled rant.  I am simply appalled by the low standards of some "professionals" in Spain.  These guys can lose you your life savings overnight and not bat an eyelid.

So yes, the question from the OP showed an absence of much forethought, but it helps him/her that's good and possibly it might give these shysters one less client.

Annoyingly the sun's now out - got to cut the grass.





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11 Sep 2016 14:54 by johnzx Star rating in Spain. 5241 posts Send private message

Acer:  ........    and insist on a copy of the sale contract at least 48 hours in advance........

 

Just to clarify this for  wstrazzer.

The ‘contract’ which is known as the Escritura, is drawn up by the notary's office before whom it is will be signed. 

When it has been signed by each party and the notary,  the new owner will get copies stamped 'Copia Simple'. 

There is never a printed-out original, so do not ever think you have the Deeds,   as you would in UK.  So ensure that the details are registered in the Property Registry Office of the local town hall, otherwise the property could be sold again without you knowing anything about it..  A 'Nota Simple' can be obtained at any time, by anyone, from the Property Registry Office, which will show what the registration details are.

 


This message was last edited by johnzx on 11/09/2016.



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