Note

How to choose a lawyer to buy property in Spain

§ 1Start with what you need

Before you look for names, write down what you want the lawyer to do. A typical list is: review the reservation and private contracts, check the registry, the debts and the licences, advise on the taxes, prepare the power of attorney, attend the deed, and complete the registration. Some buyers want also the tax return and the utilities, which a gestor can do. A clear list lets you compare quotes. The wider picture of the professionals is in more on the professionals in a purchase.

§ 2Where to look

Start with people you trust. Buyers who completed a purchase recently can tell you what the lawyer did well and badly. Ask also for a recommendation from a bank or a notary, but treat it as a lead, not as proof. The bar association of the province keeps a register, and you can confirm that the person is a practising lawyer and not a consultant with a similar title. The register does not rank lawyers, so you still need to interview them.

§ 3Questions to ask

Ask how many foreign purchases the lawyer handles in a year and in which areas. Ask who will actually do the work and whether you can speak to them. Ask how they report to you, in what language, and how often. Ask what they will check and what they will not. Ask whether they act for agents or developers, and whether they will confirm in writing that they act only for you. The importance of that point is explained in more on an independent lawyer.

§ 4The quote and the engagement letter

Request a written quote that lists the services, the fee, the tax on it, what is excluded, and when it is due. A Spanish lawyer normally issues an engagement letter, the hoja de encargo, which records the scope and the fee. Read it. If the letter is vague, ask for a clearer one. A fixed fee is easy to budget, a percentage may rise with the price, and neither is better in itself. Compare the same list of services across quotes.

§ 5Red flags

Be cautious if the lawyer pushes you to sign quickly, avoids putting the fee in writing, asks you to pay a large sum into a personal account, or works for the agent or the developer. Be cautious also of a promise that “nothing can go wrong”. A lawyer who does not mention any risk has not looked.

§ 6Keeping control

Give the lawyer a power of attorney only for the acts you need and for a limited time, and ask for a copy of every document that is signed in your name. Keep the money in your own account until the day of the deed, and pay the price by bank transfer so the notary can record it. If you live abroad, ask for regular updates and a final report with all documents.

§ 7If it goes wrong

If you lose confidence in your lawyer, say so in writing and ask for your file. You can change lawyers at any time, though you will still owe fees for the work done. A complaint to the bar association is possible if the conduct was improper.

§ 8Related roles

The notary’s role is explained in the notary’s role explained, and the gestor’s role in the gestor explained.

§ 9More on this topic

Estate agents explained explains what agents do and who they work for and a survey explained explains why a survey matters and what it covers.

Sworn translators explained explains when a sworn translation is needed.

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