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Buying advice regarding Notario/Abogado please?

Posted: Tue Sep 22, 2015 7:57pm
10 replies37 views1 member subscribed
dinnerout

dinnerout

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Hi all,

I previously bought a property in Altea in 1985 and at the time was advised to engage an Abogado to do the conveyancing, which I did. I sold in 97 and am buying again now. My estate agent is telling me I don't need an Abogado as the Notario does it all. (I budgeted 13% for associated costs and the Notario quote takes it all, so a further cost for Abogado is not what I need!) Is this good advice? What did you do? Any help appreciated, Cheers, Steve

Jan

Posted: Wed Sep 23, 2015 8:36am

Jan

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Posted: Wed Sep 23, 2015 8:36am

When we bought in 2005 we used an Abagado (who we still use for Fiscal representation/taxes) and wouldn't dream of not using one again. 

This has been talked about a lot on our Quesada forum and the consensus is that it's definitely not advisable to do without a solicitor/abagado to buy or sell a house.

We always use a solicitor in the UK as they check all sorts of things are in order for the sale and they do this in Spain too. Estate Agents usually just tell us what we want to hear and are not the best people really to give advice. It's always best not to get an abagado recommended by an estate agent as it's a conflict of interest. Best to get an independently recommended abagado and email a few to see who you prefer.

There's a good topic here (link below). It is in another area but may help:

http://www.talkquesada.com/general-property-discussion-f84/do-i-need-a-solicitor-when-buying-a-property-t6264.html

Hope this helps..

Jan

starfox

Posted: Wed Sep 23, 2015 9:47am

starfox

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Posted: Wed Sep 23, 2015 9:47am

The advice of the agent is frankly criminal and I would be concerned of why he is telling you that because that is absolutely not reccommended as a notary does not do it all. If a notary does find an issue then that is a failure in conveyencing and could lead to breach of contract where deposits can easily never be seen again.

You absolutely should hire a localish, independant Spanish abogado, there is a list of reccomended solicitors on the British consulate to Spains website which is a good starting point. Once done I would suggest that your lawyer picks the notary and nobody else.

Some people will say get a gestor as they are cheaper but unless they can prove to you they have indemnity insurance I wouldn't bother with one. When purchasing a house here especially you need to budget for a lawyer.

dinnerout

Posted: Wed Sep 23, 2015 11:34am

dinnerout

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Posted: Wed Sep 23, 2015 11:34am

Thanks Starfox. The replies are pretty much exactly what I expected. 

I've paid a 500 eur reservation fee to Solvia,  who i believe are the estate agent set up by Banco Sababell to sell off repossessed property.  The agent is Costa Activa in Finestrat. If anyone knows anything negative about this I'd love to hear it ☺ 

dinnerout

Posted: Wed Sep 23, 2015 11:39am

dinnerout

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Posted: Wed Sep 23, 2015 11:39am

Jan wrote on Wed Sep 23, 2015 8:36am:

When we bought in 2005 we used an Abagado (who we still use for Fiscal representation/taxes) and wouldn't dream of not using one again. 

This has been talked about a lot on our Quesada forum and the consensus is that it's definitely not advisable to do without a solicitor/abagado to buy or sell a house....

...

We always use a solicitor in the UK as they check all sorts of things are in order for the sale and they do this in Spain too. Estate Agents usually just tell us what we want to hear and are not the best people really to give advice. It's always best not to get an abagado recommended by an estate agent as it's a conflict of interest. Best to get an independently recommended abagado and email a few to see who you prefer.

There's a good topic here (link below). It is in another area but may help:

http://www.talkquesada.com/general-property-discussion-f84/do-i-need-a-solicitor-when-buying-a-property-t6264.html

Hope this helps..

Jan

Thanks Jan,  yes very much appreciated. See also my reply to Starfox. 

The Notario I have registered with was indeed recommended by the Agent. Do you think I should change Notario as well as appointing an Abogado? 

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dinnerout

Posted: Thu Sep 24, 2015 12:21pm

dinnerout

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Posted: Thu Sep 24, 2015 12:21pm

Thanks - I have appointed an Abogado recommended to me by the estate agent who I dealt with back in 97. She also confirmed my Notario is a good one, so thanks to both for your responses and advice.

soldierboy001

Posted: Thu Sep 24, 2015 4:05pm

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Posted: Thu Sep 24, 2015 4:05pm

you will find it hard to find a bad Notario, as not many are appointed and it is a prized possession they don't want to lose.

Jan

Posted: Thu Sep 24, 2015 4:12pm

Jan

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Posted: Thu Sep 24, 2015 4:12pm

dinnerout wrote on Thu Sep 24, 2015 12:21pm:

Thanks - I have appointed an Abogado recommended to me by the estate agent who I dealt with back in 97. She also confirmed my Notario is a good one, so thanks to both for your responses and advice.

You're welcome - Hope all goes well. Good luck with everything.

Jan

tricia20

Posted: Tue Oct 13, 2015 5:45pm

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Posted: Tue Oct 13, 2015 5:45pm

dinnerout wrote on Wed Sep 23, 2015 11:34am:

Thanks Starfox. The replies are pretty much exactly what I expected. 

I've paid a 500 eur reservation fee to Solvia,  who i believe are the estate agent set up by Banco Sababell to sell off repossessed property.  The agent is Costa Activa in Finestrat. If anyone knows anything negative about this I'd love to hear it ☺ ...

...

Hi hope things are going ok for you. We have just bought a property from the bank and used Costa Activia, all was fine. Must use a solicitor though. Regards

dinnerout

Posted: Tue Oct 13, 2015 5:50pm

dinnerout

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Posted: Tue Oct 13, 2015 5:50pm

Thanks Tricia. It's beginning to fit together. And yes I appointed a solicitor. Did you use Costa Activa in Finestrat? 

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