We don’t need a lawyer since the bank (or notary) will be doing a check on the Title as they will do the mortgage

Raymundo Larraín Nesbitt, August, 10. 2018

Larraín Nesbitt Lawyers has over 16 year’s conveyancing experience at your service. Our team of native English-speaking lawyers and economists have a long track record successfully assisting expats acquiring property all over Spain, including Madrid and Barcelona.

By Raymundo Larraín Nesbitt
Director of Larraín Nesbitt Lawyers
10^th of August 2018

If I were paid a pound every time I’ve heard this line from someone, I would be a multi-millionaire by now. Now that offplan property has kickstarted again, I am witnessing more and more repeat mistakes from last property’s boom that led whole families to lose their life’s savings.

Some buyers are duped into thinking that only because a lender or notary is involved in their purchase, they are going to run a full due diligence on the Title to make sure it is clean and above board – crass mistake! This is one of the points I raised in my article: Buying Property in Spain – 10 Reasons to Hire a Lawyer.

This serious error of judgement, made by countless buyers who are purposely misled by parties not interested in there being a ‘pesky’ lawyer involved, may lead you to lose ALL your money/savings.

If this were true, we wouldn’t have dozens of thousands of offplan buyers from the previous property boom litigating at courts to claw back their life savings on buying off-plan property. Just read any expat newspaper to pick up on the glossy ads promising you to recover your offplan deposits. I can almost assure you that in 100% of these cases a bank was involved financing the conveyance.

If you think for one moment a Spanish bank (or notary public) does the work of an independent lawyer, you need therapy.

Banks are not going to check if there is a Building Licence issued, they are not going to bother to request Bank Guarantees securing all your stage payments (including the initial holding deposit), they are not going to ask for a Licence of First Occupation, they won’t do a snagging list, they are not going to disclose problems affecting the land, in some cases they don’t even check if the land is owned by a developer, they won’t bother to check if the house (or parking or storage) are the ones you actually signed up to buy, they won’t check if the size of the property, or its characteristics and materials are the actual ones you paid for, etc.

Banks and Notaries each have their own role, and that does not include acting as your own personal solicitor safeguarding your legal interests – that is not their role. Lenders act for profit and notaries are civil servants that ensure taxes are paid to the government. Don't delude yourself into thinking these professionals replace a lawyer's job, because they don't.

If you think lawyers are expensive, just wait until you start dealing with lenders unrepresented – good luck with that!

Bottom line, if you are buying property in Spain, whether offplan or resale, you should retain the services of a competent law firm to help you wade safely through the minefield. My advice is that you need to instruct your own lawyer on buying property, regardless if it is Larraín Nesbitt Abogados (LNA), or any other lawyer of your choosing. You will thank me later.

We offer the most competitive fees in the market.

Conveyancing – Buying

We are specialized in conveyancing

Larraín Nesbitt Lawyers, small on fees, big on service.

Larraín Nesbitt Lawyers is a law firm specialized in conveyancing, inheritance, taxation and litigation. You can contact us by e-mail at info@larrainnesbitt.com, by telephone on (+34) 952 19 22 88 or by completing our contact form.

Legal services Larraín Nesbitt Lawyers can offer you

Buying property related articles

Buying Resale Property in Spain – 21st February 2013
Buying Off-Plan Property in Spain – 8th of June 2013
How to Buy Property in Spain Safely – 10th October 2014
House Hunting in Spain – Interview with The New York Times. June 2015
Resurgent Spain: Málaga Sees Strong Sales – Interview with Mansion Global (The Wall Street Journal). December 2015
Buying Property in Spain from a Private Seller (Resale Property) – 21st of February 2017
Buying Property in Spain from a developer (Off-Plan Property) – 8th March 2017
How to inspect an off-plan property overseas – Q&A with The Sunday Times. July 2017
Buying Property in Spain – 10 Reasons to Hire a Lawyer – 8th November 2016
8 Tips on Buying Off-Plan in Spain – 8th June 2018
We don’t need a lawyer since the bank will be doing a check on the Title as they will do the mortgage – 10th August 2018

Please note the information provided in this blog post is of general interest only and is not to be construed or intended as substitute for professional legal advice. This article may be posted freely in websites or other social media so long as the author is duly credited. Plagiarizing, whether in whole or in part, this article without crediting the author may result in criminal prosecution. VOV.