If in France it is not necessary to call upon a lawyer within the framework of the sale or purchase of a property, things are different in Spain. On the other side of the border, both notary and lawyer are involved.
Why use a lawyer?
The Spanish notary is not obliged to carry out the usual checks that we are used to in France. He or she does not serve the interests of the buyer and the seller, but the Spanish State. If you want to buy a property in Spain safely, you will need the professional skills of a Spanish lawyer. Knowledge of Spanish administrative law and the rules applied in real estate law is imperative. For ease of communication, do not hesitate to contact a bilingual lawyer specialized in Spanish administrative law.
The N1 Immo agency network works in partnership with lawyers who will translate and check the documents relating to the sale. They will accompany you throughout the steps to be taken and may be present at your side at the notary's office for the signing of the notarial deed.
What is the role of the lawyer during the real estate purchase?
The lawyer must ensure that the documents do not contain any hidden defects. He will take care of the necessary clauses to avoid any unpleasant surprises. The " reserva " allows the property to be reserved so that the seller can withdraw it from the market. It is strongly advised not to sign this "reservation" without the presence of the lawyer.
His presence is just as crucial during the drafting of the preliminary sales agreement, because this definitively commits the sale and determines the rights of the buyer and the seller. The lawyer will put on paper all the conditions necessary to buy your property safely. And, whether the seller is a real estate agency or a private individual, the lawyer has the power to draft the preliminary sales agreement and translate it. Moreover, the translation of the preliminary sales agreement will be requested if you apply for a loan from the bank.
Also, the lawyer consults the different administrative authorities in order to guarantee a legal property deed and makes sure that the property is free of any charges or debts. He also has to check the title deed, taxes, mortgage, certificate of habitability, land registry, etc. Because, as previously mentioned, the lawyer in Spain replaces the role of the notary in France, and thus avoids stumbling over the complex Spanish legislation for a foreigner.
Finally, the lawyer follows and controls the payment of the applicable tax (VAT for a new purchase or Transfer Tax for an old purchase) and takes care of the payment of all the applicable fees on the property. Also, he follows and controls the registration of the notarial deed in the regulatory register until the final stamp of the register is obtained which guarantees the transfer of the property.