Lawyers

It cannot be emphasised too strongly that anyone planning to buy property in Spain must take expert, independent legal advice.   It has been estimated that some 80 per cent of buyers in Spain don’t obtain independent legal advice.   Most people who experience problems take no precautions whatsoever when purchasing property and of those who do take legal advice, many do so only after having already paid a deposit, signed a contract or when they encounter problems.

You will find that the relatively small price – in comparison with the cost of a home – of obtaining legal advice to be excellent value for money, if only for the peace of mind it affords.   Trying to cut corners to save on legal costs is foolhardy in the extreme when tens or hundreds of thousands of Euro are at stake.   However, be careful whom you engage, as some lawyers are part of the problem rather than the solution!   Don’t pick a lawyer at random, but engage one who has been highly recommended by someone you can trust.   Note that there are many people who claim to be lawyers (often estate agents or accountants) and although this is highly illegal, it will leave you with no protection should anything go wrong.

You should check that a lawyer is a member of the provincial lawyer’s association (Colegio de Abogados) – membership of which is compulsory.   All members are covered by professional indemnity insurance.   You can easily telephone the association to check, simply by giving the lawyer’s name.   The only professionals legally qualified and permitted to give legal advice in Spain are lawyers and you should take legal advice from no one else.   Some estate agents will work hard to dissuade you from employing a lawyer on the grounds that they’re not necessary, that they’re expensive and hold purchases up.   Other estate agents claim you should use their lawyer (who will represent the estate agent’s and the seller’s interests rather than yours).

Gestores

A gestor is an official agent licensed by the Spanish government as a middleman between you and bureaucracy.   It isn’t compulsory to employ a gestor, but without one you must usually speak fluent Spanish (or have an interpreter), possess boundless patience and stamina, and have unlimited time to deal with the mountains of red tape and obstacles.   A gestor’s services aren’t generally expensive.   Note, however, that the quality of service provided by gestores varies and that they cannot always be relied upon to do a professional job (some have been known to take money from clients and do absolutely nothing).   That said, a good gestor is worth his weight in gold.