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Spanish solicitors

You would like to buy a house, maybe you already did so, or you're thinking of selling your house or yet, to start your own business. What you need to go through, learn and beware of is old hat to a solicitor, he's been down that road dozens of times and can save you lots of needless shame and suffering.

To be build

The builder provides you with a copy of the building project, the building license and the building permit issued by the local council declaring that building can take place on the location in accordance with the rules and regulations in force applying to the local planning zone.
Only when you have received copies of these three certified documents do you know that the builder has all the licenses and permits that he needs.

Already build

The ownership register describes exactly who the owners of a house or estate are. There could be several, they all need to sign in order to ensure a smooth transfer, if this is fails to happen you could end up in serious trouble.
Generally an agent, gestor or notary will look into this but you only get 100% assurance when a solicitor investigates.

Choice of notary

You're totally free to choose any notary you want, after all, you're the one that's paying. If a salesperson is imposing a certain notary on you this could have various reasons. Insure that the notary of your choosing has a good reputation.
A solicitor is of course the best person in place to have access to the most thoroughly available information.


The final draft of the contract should be appraised just before you sign it, previous versions may have been adjusted. On purpose or not on purpose, agreements can contain crucial errors.


You have to pay VAT, commission and perhaps a settlement with the previous owner. These amounts are usually listed together in a note that the notary will show you ahead of the final sale, sometimes however, this does not happen until afterwards. A solicitor investigates these costs beforehand and informs the notary. This way you'll also get to know if the notary is over charging you or not.


Both the total size of the land involved as well as the actual area build upon are to be mentioned, and obviously checked for discrepancies. A description can be so manipulated that it leaves you with the impression that there is more land than there actually is.


Who needs to perform and when? Does a deposit need to be made and when do the installment periods expire, if you're house is in the process of being build does part of the structure has to be completed, are the installment payments depended on the progress made on the building site or not?
These are all aspects that need to be thought through and should be included in the documents you are eventually going to sign.


You probably need a mortgage in order to finance the building of your house, your financer needs to declare the deposit you made, if a construction deposit is in place you'll receive interest on the installments you haven't paid yet. On the other hand, you pay interest as well.
If these two cancel each other out you've got no problems, however, it does happen that you pay more interest than you receive. Make sure you discuss and settle this beforehand so you don't end up with any nasty surprises.

Choosing your financing

Project developers will offer you financial aid, usually they'll keep the interest rate a little lower than the banks, tempting you to go with the "better" offer. These project developers usually have excellent relationships with banks, builders are also known to offer financing.
The builder is the one who makes the rules. So be careful there's nothing stated in the documents like: "If the client is fourteen days late in making a previously agreed upon payment upon a previously agreed upon date all rights of the client will be forfeited".

What happens when a project developer goes broke?

Make sure you're doing business with a well known company. If you find something you particularly like and the developer happens to be the seller as well, it's time to be careful. The developer accidentally, is obliged to guarantee the financing of the project, which he in turn will demand you to be.
You're probably required to make a 25% down payment, sometimes more. Once the developer has that money and accidentally "forgets" to arrange a bank guarantee himself, and goes broke, you've lost your money and will find yourself in possession of nothing else but a ton of bricks.

Detriment claims

Certainly in the case of a newly build house, final delivery is often postponed. You end up paying more interest without the enjoyment of your new dwelling. In situations like this you should be able to fall back on certain clauses in the contract that will allow you to collect fines, or even to cancel the sale and having all the installments made reimbursed. The interest paid you will normally not retrieve.

A solicitor's job

Obviously a solicitor can take a lot of things of your hands and save you a considerable amount of misery.
A solicitor will go to work on the concept agreement that was given you and will return it to you accompanied with a certain amount of advice, perhaps not all the necessary documents are available and the solicitor will procure these for you. Especially when dubious passages have been included in the documents will your solicitor have these replaced in better wording.

Is a solicitor always trust worthy?

As is the case in the UK so also in Spain there is a judicial body in place that oversees the behavior of those who practice law, however, that doesn't mean there aren't any crooks about. HipoteCasa can advise you in your search for a reputable solicitor. Should you take a British or Spanish solicitor? Those are questions that can only be answered by those who know the market and are familiar with the area and those who operate there.

Never assume that "all is well."

Never say in hind view: "I just didn't know!"

HipoteCasa will enable you to look before you leap and save you from expensive mishaps!

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