Chapter

Lawyers, notaries and gestors when buying in Spain

§ 1A purchase has several professionals

A purchase in Spain is carried out by several people with different jobs, and mixing them up is the commonest source of misunderstanding. Some are public officials who serve both sides. Some are private professionals who serve only you. Some serve the seller. Knowing which is which tells you whom to trust with which question. Their fees belong to the costs section; their roles come first here.

§ 2The notary

The notary is a public official. The Consejo General del Notariado says the notary gives free, impartial advice, verifies identities, capacity, ownership and charges, and drafts the deed. The notary does not act for you against the seller. You may choose your own notary, even where a developer proposes one. The notary also records how the price was paid, and prefers payment by bank transfer or nominative cheque. The detail is in the notary’s role.

§ 3The lawyer

A lawyer is a private professional who advises you and acts in your name. A lawyer who acts only for you reads the contracts, checks the registry entry and the debts, explains the risks and attends the signing. There is no legal duty to hire one, but nobody else does this job for you. The roles of an independent lawyer are in an independent lawyer, and the choice of one is in how to choose a lawyer.

§ 4The gestor

A gestor administrativo is an agent who handles paperwork with public bodies: tax returns, the registry filing, the change of holder for the yearly property tax and utilities. A gestor does not give legal advice. Many lawyers have a gestor in the team. What a gestor does and what to ask are in the gestor.

§ 5Estate agents

The agent shows you homes and negotiates the price, and is paid by the seller in most cases. The agent works for whoever pays the commission, and it is wise to remember that. Estate agents explains what an agent can and cannot do, and how to avoid confusion between the agent’s paperwork and your lawyer’s checks.

§ 6Surveyors and translators

A survey tells you the physical condition of the property, which no registry or notary check does. A sworn translator produces translations that courts and administrative bodies accept as official, and the ministry publishes the list of titled translators. The roles are explained in a survey and sworn translators.

§ 7Who pays whom

You pay your lawyer, your gestor and your surveyor. The notary and the registry charge fees by state scales, and the buyer and the seller share or allocate them according to the contract. Developers and agents are paid by the seller, though the developer’s costs are usually in the price. The section on costs and taxes sets out the fees.

§ 8Language and communication

The documents are in Spanish and most public offices work in Spanish or in a co-official language. A professional who explains in your language and reports in writing reduces misunderstanding, but ask who will translate the deed and the contract, and whether translations are sworn. Agree how you will be contacted, how fast replies come and who can speak for you. If you live abroad, ask for reports by email with attachments, and for a named person to call if something is urgent.

§ 9Checking a professional exists

Lawyers belong to a bar association, notaries are public officials in a national body, and sworn translators appear on the ministry’s list. Check the registration before you instruct anyone. For gestors and agents, check the business name, the address and any registration the region demands. A person who cannot be checked is a person to avoid, however friendly.

§ 10Changing your mind

You may change lawyer, gestor or surveyor at any time, but you remain liable for the work done. Say so in writing, ask for your documents, and make sure the new professional receives the file. Do this before a deadline, not after.

§ 11Questions to settle early

Before any money moves, settle four things in writing: who is advising you, who is paid by whom, what each professional will and will not check, and who holds your documents. Many problems in foreign purchases come from an assumption that someone else was checking something. A short email at the start, naming each role and each task, removes most of that doubt, and gives you a record if a dispute arises later.

§ 12Conflicts of interest

The most important rule is independence. A lawyer proposed by the agent, the developer or the seller can be competent and still have an interest of their own. Ask for the name of your own lawyer before you reserve anything, and ask the lawyer to confirm in writing that they act only for you.

§ 13When to hire whom

Hire the lawyer before you pay a reservation, so that the contract is reviewed first. Hire the surveyor before the private contract if the home is old. Ask for the sworn translations as soon as you know which documents the notary needs. Ask the gestor to start after the deed. Plan the order of the professionals as you plan the order of the payments.

§ 14Back to the section

The chapter on legal process and checks explains the legal steps and checks of a purchase.

§ 15Other chapters in this section

How the NIE works explains the foreigner’s number you need to buy and the chapter on due diligence explains the checks to make before you sign.

The chapter on illegal builds explains the planning risks and how to avoid them and the chapter on contracts before completion explains the papers you sign before the deed.

The chapter on completion and the deed explains the signing at the notary and what follows and the chapter on wills and succession explains how inheritance works for foreigners who own Spanish property.

The chapter on communities of owners explains how a Spanish flat block is governed and the chapter on risks and scams explains the real risks and how to reduce them.

Legal note. How the process works in general. It is not legal advice, and it never replaces an independent Spanish lawyer acting for you.