Elise Beekman,  Thursday, 28 December 2023



If you're considering buying property in Spain, you might encounter a situation where the selling party suggests using their lawyer. While this might seem convenient, it's generally not a wise decision. Here’s why, illustrated with real-life examples, and what you should consider instead:

Reasons to Be Cautious

Conflict of Interest: The biggest red flag is the potential for a conflict of interest. For instance, John, an expat in Madrid, faced significant delays and hidden costs because his seller-recommended lawyer prioritized the seller's interests. This is a common issue where a lawyer aligned with the selling party may not fully represent your best interests as a buyer.

Lack of Independent Representation: Independent legal representation is crucial, especially in a foreign country. Sarah, who bought a villa in Seville, benefited greatly from hiring an independent lawyer who uncovered zoning issues that the seller's lawyer had overlooked.

Reduced Negotiation Power: Using the seller's lawyer could weaken your negotiation position. Imagine negotiating terms, conditions, and price, knowing your lawyer also represents the other party's interests.

What You Should Do Instead

Find Your Own Lawyer: Opt for an independent lawyer specializing in Spanish property law. They should have a strong reputation and relevant experience. Like Tom, who found a reputable local lawyer in Barcelona, ensuring a smoother transaction.

Research and Compare: Conduct thorough research. Look into different lawyers, verify their qualifications, read reviews, and seek referrals from unbiased sources. Online forums and expat communities can be valuable resources here.

Verify Independence: Confirm that your chosen lawyer has no ties to the selling party or other entities involved in the transaction.

Clear Communication: Choose a lawyer who communicates clearly and keeps you informed regularly. This was a game-changer for Lisa in Valencia, who stayed updated at every step, avoiding misunderstandings.

Understand the Legal Process: While you're hiring a lawyer, having a basic understanding of Spain's property buying process can empower you to make informed decisions.

Conclusion

Opting for the seller's lawyer might appear cost-effective or convenient, but it's rarely in your best interest. Independent legal advice, though possibly more expensive upfront, can prevent potential issues and financial losses. Remember, stories like John's and Sarah's are not uncommon, and taking extra precautions can make all the difference in your property buying journey in Spain.



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