Legal/Gestor Costs Involved in Purchasing Property in Alicante Province
I made an offer that was accepted for a property in Coveta Fuma. I've been struggling to find an attorney. I've communicated with several but don't have any confidence in them. None of them agree on what I should hire them to do and what is required by law. The last one I contacted said that I had to hire a financial representative, something that had not been mentioned by anyone else, a service she was willing to provide, by the way. My confidence in the legal community has been shaken by realtor advice that I use the same attorney as the seller and the dramatic difference in legal costs and responsibilities, together with all the expat horror stories I've read. I've gotten as far as I can with online research and I am desperate for advice. Following are the steps required to buy a home in Spain and the property authority to implement it as I have gleaned from research:
1. Purchase agreement: Drafted by the seller.
2. Property Search: Seller warrants that there are no liens, back taxes, or other encumbrances against the property. Do I pay an attorney to do a search? Who is the ultimate authority to warrant that it is true? In this case, the property develop is 40 years old and current owners have been there since 1985, so I'm not worried about illegal structures or unclean title. If the seller warrants that there are no encumbrances and that the title is clean, if it turns out not to be true, what options do I have? They'll be leaving the country.
3. Real Estate Conveyance: Who drafts this? My lawyer or the seller's?
4. Who accepts the deposit upon signing of the purchase agreement? Does it go to the realtor to hold?
5. Who gets the cash payment for the home? Do I write a check at the closing? Do I have to transfer the money somewhere to be held until the sale is final?
6. Do Gestor's do title searches? Are they bonded so that monies can be paid to them to hold until closing?
7. Exactly what does the notary do? They file the documents and assure that the documentation is correct. I've been told that the notary will refund or distribute any amounts of money being held to pay certain expenses.
8. The communal document is probably the most important document for me to evaluate. it will be in Spanish so I need to have it interpreted for me. I can have a friend do that and formulate any questions I might have. I don't think I need a lawyer for that.
I don't need an N.I.E. I have a Spanish bank account. It seems to me that I need a Gestor more than I need an attorney because my biggest concerns involve paying only for what I'm legally obligated to pay.
I'm fairly furious with the legal community. Not one has been willing to break down the services provided and the cost of each service provided. They get really defensive if I ask questions. Even when their charge for services includes stuff I don't need done (ensuring utilities and taxes are in my name, acquiring an N.I.E., etc.) they refuse to lower the charge. If I'm wiling to risk have a title search if the current owners warrant that the title is clean, what do I need an attorney for?
Advice please! I invariably make the wrong choice in these matters. I'm retired and it's easier to save than to earn. My dollars are fixed and I don't want to be taken advantage of. I'm sure all of you have heard horror stories.
Thank you.