You wouldn’t dream of buying a property at home without using a Lawyer would you? Unfortunately, some people have and still do choose to cut this vital corner and decide not use a Lawyer when buying a home in Spain, and we already know the problems this could cause. If we discount the possibility of not using a lawyer, then there are two options to think about.
Choosing a lawyer in your home country
There are lots of lawyers in the UK (and around the world) who will have the conveyancing of Spanish Property added to their list of services. For a start they speak English which is a must, they may be local to you, which could be useful for peace of mind. The downside to using a lawyer in the UK to do the conveyancing of your Spanish Property, is that all the legal checks and paperwork need to be done in Spain. The notary, land registry, NIE Issuing Station, etc are all in Spain. This invariably means your UK lawyers will ‘outsource’ the job to a local lawyer and add his/her margin on the top. Using a lawyer based is the UK will almost certainly be the expensive option.
Choosing a lawyer in Spain
An English speaking lawyer is Spain is naturally very important. Ideally the lawyer should also have a long history of property conveyancing in the area you intend to buy. Check that they can offer you a complete package of services such as conveyancing, NIE Numbers and a Spanish Will. Fees are worth checking too. Expect to pay around €2500 on average for a complete property service.
Power of Attorney in Spain
A Power of Attorney (“poder” in Spanish) is a simple and widely used way of completing transactions in Spain by authorising a trusted representative, such as a Spanish Lawyer, to sign relevant documents on your behalf.
Using a Power of Attorney to act on your behalf and can be very useful, particularly if you have found a property that is ready to move in to but don’t have the time to come back to Spain to complete yourself. Even if you do have the time to come back, you will find that various forms need to be completed and contracts set up between the time you choose the property through to the day you move in.
Your Spanish Power of Attorney will usually be given very broad powers to deal with the property purchase transaction. For example, a power of attorney will often include clauses allowing the attorney to open bank accounts, set up direct debits, make payments to and from the account, set up utility contracts, pay taxes and submit necessary forms and notifications etc.
This generic instruction is the most practical way to operate as you can imagine how inconvenient it would be if the buyer had to authorise each document or payment separately. However, you can always instruct the notary to limit the areas of the power of attorney as much as you wish.
