LEGAL PRECAUTIONS WHEN BUYING PROPERTY SPAIN. PART II
Dear clients and readers,
Further to our previous articles regarding the legal tips to be considered when buying a property in Spain; we are still receiving an increasing number of enquiries from people; who have paid a large deposit to the agent and they have lost their deposit entirely.
In fact, we have recently received an email from a person affected by precisely this problem. Please see below an extract of that email:
“(…) Good afternoon. My partner S***P*** spoke with you earlier regarding a payment we made to “* Properties”. We have not signed any contracts or anything and would like a refund or partial refund if you could help? We were looking to buy a 2-bedroom detached bungalow in La Marina Urbanisation and sent a deposit on *th September (proof of deposit below). And we were told we would have 6 months to complete the sale however the seller was getting impatient and said they wanted to complete it before December.
* Properties got in touch to say the seller needed money urgently so would more than likely pull out and they would refund us. S* went and visited *Properties who assured him we would get our money back. They then contacted us and said the seller had decided to not pull out. However, we told them we no longer wanted to go ahead and would like a refund as no contracts or nothing had been signed and we were getting pestered to buy it early.*Properties said they would not refund us and we haven’t heard anything since it’s all quite strange. I would be grateful if you could help? Many thanks”.
Therefore, due to the importance of this matter, we have considered it necessary to update our previous posts with some fresh new advice and recommendations; in two separate parts. Please see below the Post of Legal Precautions Part 2:
We kindly recommend our readers to read first PART I as it contains very useful tips when buying property in Spain.
LEGAL PRECAUTIONS WHEN BUYING A PROPERTY IN SPAIN PART 2
Fourth.- When buying property in Spain, it is absolutely crucial to put your trust only in an independent Solicitor fully conversant on all aspects of the property conveyancing process.
Throughout our long professional experience, we have unfortunately witnessed a significant number of cases where, the conveyance process has been irresponsibly carried out by unreliable legal advisors or agents, who deliberately or inadvertently “fail” to detect hidden charges or encumbrances affecting the properties. Beware of this and remember that without proper and independent legal representation at the onset to negotiate your rights as a buyer; you could fall short of securing critical terms and agreements on the title deeds and contracts, such as the ones described before. Always avoid “low-cost” Solicitors or the use of solicitors that are on the developer’s payroll, as they will protect the vendor’s rights, not yours.
Bear in mind that having the ongoing help of an independent Law Firm that understands and respects the ins and outs of real estate legalities and more importantly that has your interests at heart; will give you complete peace of mind, saving you time, and money and trouble.
Our multi-lingual comprehensive Legal Reports offer independent and clear accurate advice, ensuring that relevant searches are rigorously carried out at the local town hall and land registry, tracking all property records; investigating any possible problems affecting the property, and making sure that no claims are listed against the property.
In fact, for what ends up being only a small fraction of the amount buyers spend on purchasing a property, – and considering how much is at stake, – a regulated qualified lawyer is absolutely crucial and worthwhile.
Fifth.- In case you might already paid a deposit and you might be having problems with the vendor or agent, time is of the essence. Please do not hesitate to contact our firm, in order to discuss with you the feasible legal options in your case.
As litigators and Solicitors; we would nevertheless explore any possible negotiation option aimed to reach an amicable agreement; that might save the client from several years of protracted litigation. Which is unfortunately very costly and lengthy in Spain.
However, if in the worst possible scenario, the litigation option might be unavoidable, be reassured that we can offer you the best possible legal representation; as my associate combines a long experience both as a Chief policeman in Alicante and “A PhD Doctor in Law”. This unique combination guarantees an in-depth knowledge of all the questioning techniques; as well as a high technical knowledge, which is absolutely crucial to achieving conviction sentences. We have in fact won in court similar cases, so we do have comprehensive experience with these kinds of claims.
In conclusion, always put your trust in a trustworthy independent regulated Solicitor, like our Firm; who will always be by your side. We are trained to handle your situation; which will help ensure that your case is properly dealt with, which in the end will guarantee that the outcome will be in your favour. As indicated before, going without one could ultimately result in much greater costs; and it could turn your dream of living in Spain into a real nightmare.
Remember a home is likely the most significant and largest purchase investment that you will ever make in your lifetime.
Therefore, do not take unnecessary risks; wisely protect yourself from being held legally accountable for the errors of the owner’s past. If you kindly check the testimonials section of our new website; https://www.bestsolicitorsinspain.com you will find plenty of testimonials from real clients who put their trust in our Firm. Fortunately, they are all now all extremely grateful to our Firm for the excellent work and protection offered; which fills us with a lot of professional pride.
HOW TO CONTACT US FOR FURTHER SPECIFIC ADVICE?
We hope this information is useful. However, please note the information provided in this article is of general interest only and is not to be construed or intended as a substitute for professional individual legal advice. As independent litigation lawyers, we can help you by assisting you with all kinds of civil or criminal issues. Should you be interested in receiving more specific information;- (either about this particular subject or any other issue of law),- remember that you can contact our firm in several ways:
1. Call us or send us a WhatsApp now to (0034) 687 88 88 73.
2. You can also use our e-mail form at the top of the sidebar of your screen, or alternatively; you can send us an e-mail to email@example.com
Our commitment, we’ll respond to your e-mail inquiry in less than 24 hours.
We are on social media. Follow us on:
A) facebook: BZN Lex International Lawyers@oscarricormorales7
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c) and linkedin.com/in/ricorabogados
Finally, thank you very much for your attention, and in case you might have any questions or doubts at all about the Post of Legal Precautions Part 2; again please do not hesitate to contact us. We will be very glad to help you!
We look forward to helping you and the benefit of our “know-how”.
Mr. Oscar Ricor Morales
“NON-PRACTISING ENGLISH SOLICITOR IN ENGLAND AND WALES”, under the “Solicitors Regulation Authority” (SRA) SRA number 519196 and practising Spanish Solicitor