- We strongly recommended that you choose an independent lawyer who specialises in Spanish land law (urbanismo). Independent means that they work on your behalf only and are not also looking after the interests of the agent or developer. The Spanish property conveyancing system is different to the UK system so you should ensure that those involved in the transaction are qualified and experienced in Spain. Use extreme caution if an estate agent, promoter or lawyer urges you to cut corners to save money or time. https://www.gov.uk/guidance/how-to-buy-property-in-spain
- …”Buyers should do careful research and take independent legal advice if they are to avoid getting burned, as many Britons can testify.”… https://www.theguardian.com/money/2013/aug/12/beware-buying-property-abroad
…”Nonetheless, there is concern at how many Britons have rushed into buying properties without proper advice. ‘Most people, when they’re buying abroad, tend not to use an independent lawyer. I find that amazing,’ says Esders. He suggests there are a number of reasons for this. For example, buyers possibly mistakenly believe that the Spanish notarial system offers protection. ‘People think that the notary public is signing a deal off, and that’s all they need; but the notary doesn’t check that they have planning permission,’ he says.
Agents and developers also routinely advise would-be buyers that they can rely on their lawyers. But the agent’s commission on a new-build property can be as much as 20 per cent, giving them a vested interest in seeing the deal go through, reveals Brian Marson, a British property law expert who moved to Marbella in 2003 and set up Legalanswers, a legal practice employing locally qualified lawyers. ‘Unfortunately, when people get off their plane at Malaga, they’ve left their brain at Gatwick,’ he says. ‘The sky’s blue, everything’s lovely and people want to believe what they are told.’ …” https://www.theguardian.com/money/2007/may/06/expatfinance.property