Once you have decided to purchase a property in Spain, you should seriously consider consulting a lawyer. Legal advice should cover the various ways in which you can own your Spanish property, the options for mortgage finance and Spanish inheritance and tax rules.
The Spanish notario
The Spanish notario is very different from a solicitor. He is, above all, a publicly appointed official. He does not carry out the important pre-contract enquiries normally performed by a UK solicitor.
In Spain estate agents may assure you that you have no need for a lawyer, as the notario will carry out all the necessary work. This is not so. You should appoint your own lawyer. You would not purchase a property in the UK without instructing your own legally qualified representative, and you should adopt exactly the same approach in Spain, where if anything, the problems facing the unwary are greater.
Your lawyer should have knowledge of both Spanish and British taxation and inheritance law, as well as Spanish property law. There are notarios in Spain who speak English well and have some knowledge of English law and procedures. Whether any of them have detailed knowledge of Scottish, Northern Irish or Irish law I question. In addition, there are some British lawyers who have chosen to specialise in this area. There are also a few Spanish lawyers who have moved to the UK, are dually qualified and represent clients purchasing property in Spain.
Packed with practical details such as contact addresses, flight information, useful vocabulary and maps, this is the essential and definitive guide to buying a property in Spain
Spain is the perfect location for a home in the sun, but buying a property is not all about sunshine and sangria. The Complete Guide to Buying Property in Spain is the most comprehensive and up-to-date source of information available. It deals with the details of buying or renting a home in Spain in a practical, straightforward style, covering every issue you will need to consider, including:
choosing your location - the regions of Spain, their property markets and transport links
every step of the purchasing process
Spanish inheritance and taxation rules
health and education
adapting to your Spanish lifestyle
renting a home in Spain
letting your Spanish home
setting up a business in Spain
From the author of the best-selling Complete Guide to Buying Property in France:
'Deals with all the issues.' The Observer
Charles Davey graduated from the Oriel College Oxford. He studied Law at Nottingham Law College and is a practising barrister.
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