House purchase in spain solicitor or Estate agent

Posted: Wed May 25, 2022 1:35pm

13 replies213 views7 members subscribed

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Craignathan

Posts: 34

2 helpful points

Location: Benidorm

Joined: 17 Jan 2021

Hi guys were buying house in benidorm my dilemma is the estate agent has already done all tax checks against the property were buying and its clear title, they are also dealing with utilities in my name after notary completion and they are even going to notary and completing for us there, they have been so good in the purchase of the new house.

I'm wondering do I need to use the solicitor for anything as when I spoken to one they are doing all the same the agent has already completed, and they have put in the sale contract.

Is it worth paying the £2000 for a solicitor or not much advice experience appreciated

Kind regards

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Posted: Wed May 25, 2022 1:55pm

Kimmy11

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Location: Formentera Del Segura

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Posted: Wed May 25, 2022 1:55pm

Hi Craignathan,

I would never buy a property in Spain without independent legal advice. The selling agent is working for the vendor, not you, and has a vested interest in achieving their commission. Did you instruct the agent to do the legal searches? Are they legally qualified and registered with the Colegio de Abogados? Your independently appointed, qualified and registered abogado will work for you, not the agent or the vendor.

Kind regards,

Kim

Posted: Wed May 25, 2022 1:56pm

Cheryl

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Posted: Wed May 25, 2022 1:56pm

https://www.solicitorsinspain.com/articles/spanish-property-law-advice-10-golden-rules-buying

Would you do it in the UK?

Estate agents are not regulated here and are working for the seller, not you. They will do all they can to get a sale over the line for their benefit, not yours.

Posted: Wed May 25, 2022 9:13pm

Swimmer57

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Location: Gandia

Joined: 30 Aug 2020

Posted: Wed May 25, 2022 9:13pm

Craignathan wrote on Wed May 25, 2022 1:35pm:
Hi guys were buying house in benidorm my dilemma is the estate agent has already done all tax checks against the property were buying and its clear title, they are also dealing with utilities in my name after notary completion and they are even going to notary and completing for us there, they ha...

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...ve been so good in the purchase of the new house.
I'm wondering do I need to use the solicitor for anything as when I spoken to one they are doing all the same the agent has already completed, and they have put in the sale contract.
Is it worth paying the £2000 for a solicitor or not much advice experience appreciated
Kind regards

How do you know the title is clear? The estate agent told you? Aye right. I'd get a solicitor if I were you.

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Posted: Wed May 25, 2022 9:27pm

PeterPan

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Posted: Wed May 25, 2022 9:27pm

I would add that I would not pay any deposit to the estate agent until your independent solicitor had reviewed and rewritten the sales contract to protect your interests. Our solicitor had a really good chuckle when he saw the initial sales contract.

Independent solicitor.....money well spent.

Good luck with your purchase.

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Posted: Thu May 26, 2022 12:02am

Craignathan

Original Poster

Posts: 34

2 helpful points

Location: Benidorm

Joined: 17 Jan 2021

Posted: Thu May 26, 2022 12:02am

Swimmer57 wrote on Wed May 25, 2022 9:13pm:
How do you know the title is clear? The estate agent told you? Aye right. I'd get a solicitor if I were you.

Its in the sales contract clearly written

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Posted: Thu May 26, 2022 9:09am

Swimmer57

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Location: Gandia

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Posted: Thu May 26, 2022 9:09am

Craignathan wrote on Thu May 26, 2022 12:02am:
Its in the sales contract clearly written

See Peter Pan's comment above mine....

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Posted: Thu May 26, 2022 9:22am

Craignathan

Original Poster

Posts: 34

2 helpful points

Location: Benidorm

Joined: 17 Jan 2021

Posted: Thu May 26, 2022 9:22am

Swimmer57 wrote on Thu May 26, 2022 9:09am:
See Peter Pan's comment above mine....

What you mean?

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Posted: Thu May 26, 2022 9:51am

Aikidoamigo

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Location: Pinar De Campoverde

Joined: 3 Apr 2022

Posted: Thu May 26, 2022 9:51am

I would expect the bill to be considerably less than €2000 for the solicitors work and of course then you have search and registration fees.

there are good honest agents and bad independent solicitors

but as everyone is saying, how can you trust an agent that has a vested interest in getting you to sign for the house?

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Posted: Wed Jun 1, 2022 10:00pm

LesT

Posts: 17

2 helpful points

Location: Benidorm

Joined: 15 Apr 2022

Posted: Wed Jun 1, 2022 10:00pm

Please be careful, i got well and truly done over by an estate agent in Playa Flemincia with an in house solicitor, me telling what they done to me landed me in a Spanish court and nicked, so take any advice from the forum members as 'if anybody knows they do' and only use an estate agent/lawyer totally recommended by at least 3 expats.