Legals & Tax
It is not compulsory to use a solicitor when buying in Spain, but for a relatively small fee, doing so could save you a lot of money in the long run and will bring peace of mind. This is even more important if you aren’t a fluent Spanish speaker, as they will be able to guide you through the details of the transaction, so that you fully understand the contract and supporting documentation.
The property purchase in Spain is closed at the Notary where the contracts are signed but while Spanish notaries are legally trained and mandatory for any property transaction in Spain, they are employed by the government and so officially do not act for either the buyer or vendor. The role of a notary is to oversee and rubber-stamp the paperwork in a property transaction, check all necessary taxes are paid and register the property with the Spanish Land Registry. Your independent solicitor will ensure your contract and property are exactly how you – their client – want them, and that you are protected from any charges left over from the previous owner(s), such as mortgage costs, estate or municipal taxes, and any other claims.
Your solicitor can check any paperwork or payment terms before you sign a contract, and can also arrange for a survey to be carried out. They will review the sale agreement, verify titles and carry out other checks to ensure that you’re protected.