Buyer's Guide - Legal Considerations
The completion of your property transaction will take place at a notary. You are not required to employ a lawyer in order to purchase a property in Spain; most Spanish people simply use notaries to convey their properties without the use of a lawyer. For many Spanish people this is fine as they will have local knowledge and of course understand what are and (most importantly) what are not the obligations of a notary.
It is important to realise that the notary has no duty of care to either party and is only concerned with the validity of the paperwork, that certain government regulations have been satisfied including payment of duties/taxes. For this reason, it is strongly recommended that you employ an independent local lawyer, preferably one who has a good command of English and of course Spanish.
Your lawyer will ensure that all Spanish legal requirements are met throughout the purchase process and will undertake the property searches on your chosen property before you exchange contracts with the seller. The property searches ensure that the seller has the right to sell the property, that the property is free of any debts, charges and rights and will also identify any other problems that may affect the property.
General Information - Do your Research
General Information - Consider the Financing
General Information - Legal Considerations
Property Purchase Process - An Overview
Taxes and Fees payable – An Overview