When you decide to purchase an overseas property, you may want to engage the services of a lawyer. But what will they do for you, given that countries such as Spain and France operate the Notary system, where government appointed notaries are responsible for reviewing purchase contracts and preparing and processing the title deeds of sale.
The overall reason for using a lawyer, is to represent your interests. A good lawyer will ensure that the purchase contract meets fundamental legal requirements, and that the seller or property developer has met their obligations – this is particularly the case for the purchase of a new build property, where you will want reassurance that the contract stipulates all the fundamental requirements from the developer. There may be specific inclusions you’ve agreed with the developer in the build and supply of your new house which a notary will not be aware of. Your lawyer can ensure that any such specifics are included in the purchase contract.
The scope of service a lawyer can provide, includes the following:
*Review the purchase contract
*Liaise between the developer and the notary to arrange sale completion date
*Ensure that all monies paid are protected under the respective country’s legal financial guarantee
*Ensure that all obligations from the seller/developer have been met
*Arrange Power of Attorney if required, so the lawyer can complete the deed of sale on your behalf if you’re unable to visit in person for the deed of sale appointment
*Conduct the necessary searches
*Setup and process all associated legal administration to facilitate the property purchase such as NIE numbers and bank accounts
We recommend using the services of a lawyer based in the region where you are purchasing the property. They will be more knowledgeable of the specific property legal characteristics in that country/region, and will also be able to have more direct communications with the developer and notary, to ensure the purchase process is as efficient and smooth as possible.
But how to choose the right lawyer? We have taken that headache off you. We have an extensive panel of approved English speaking first class lawyers in each region we cover, meeting the standards of David Lloyd, who will represent your legal interests diligently and professionally. We can recommend lawyers to you based on the location you are purchasing in and the property type you are buying. You can speak to the lawyers before you commit to a property purchase or before you join us on a viewings trip, or you can meet them while you’re on your viewings visit.
Contact us if you would like more information on our approved legal services.