Many have the misconception that they don't need a solicitor to complete their purchase / sale because they can use the Notary instead.

In this section, we explain both the role of the Notary and solicitor within the buying and selling process and explain how to keep yourself safe.

The role of the Notary

Notaries are Spanish Government appointed officials who ensure that the correct legal processes are followed after the Title Deeds have been drawn up.

They witness the sale and create the formal documentation that puts the transaction on public record.

They check for fraud, ensuring that the buyer and seller are who they say they are.

They also ensure that payment for the property is given / received in accordance with the law and that the appropriate taxes are paid.

Notaries do not act on behalf of the buyer or seller. If they realise that any of the terms and conditions within the Title Deeds are not in the best interests of either party, they are under no obligation to tell you so.

In summary, the Notary acts on behalf of the Spanish Government, not an individual.

'Under-declaring' or black money

You may be aware of this; it is the process of paying more for the property than is described in the Title Deeds.

Historically, this has been a common practise in order to avoid paying some of the taxes due.

Basically what happens is the Notary witnesses the amount shown on the Title Deeds and when he leaves the office, the additional amount is paid in cash.

Don't be tempted to do this, no matter who tells you that it's ok.

It's both illegal and will almost always cost you more in the long run.

The role of the solicitor

Using the services of an independent solicitor, who is an expert in Spanish property law, is vital in order to protect your interests.

Buyers and sellers must never use the same solicitor as there is a conflict of interests.

Usually, the best way to find a good solicitor is through personal recommendation.

The solicitor acting on behalf of the buyer

It is wise, where possible, to find your solicitor before you are at the stage of making an offer on a property. In doing so, it will help to speed up your purchase.

As soon as you have agreed the purchase price and conditions of sale with the owner(s), contact your solicitor and provide them with the owner's solicitors details.

What they will do for you:

• Check the Title Deeds to see that there are no issues likely to arise
• Obtain the required documentation from the seller's solicitor to complete the purchase
• Advise you about 'declared values' and 'black money'
• Do a land registry search to establish the ownership of the property
• Check that the property is free of debts and other charges
• Check that the property has all its planning permissions and licences
• Review the Contract of Sale and negotiate its contents on your behalf
• Attend the Notary with you on the day of completion
• Arrange for the taxes involved in the purchase to be paid

This is the minimum service that they should provide for you.

Key questions to ask your solicitor

• What do you do to check a property is legal?
• How will I know it is free of charges?
• What should I do if an owner asks to under declare the value of the property?
• What should I do if the owner asks for a deposit?
• What taxes will I have to pay?
• What are your charges? What do they include / exclude?
• What recourse do I have if something goes wrong?
• What happens at the Notary?

Finding your English speaking solicitor

Personal recommendation is always the best way.
Ask around when you're in Spain.

Failing this, click here for our list of English speaking solicitors in Spain
or try searching on the internet.
Note, we have no affiliation with any of them and cannot make recommendations.