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Spain: When in Rome do as the Brits do - Peter Esders, Chebsey & Co

When in Rome do as the Brits do

I was reading some statistics in the legal press not so long ago and learnt that 97% of people would use a lawyer when they are buying a property in the UK. Nothing remarkable about that I hear you say, and I would agree with you. I would also suspect that of the 3% who would not use a lawyer they are either lawyers or conveyancers themselves or are experienced in buying and selling properties.

So why am I telling you this? Rationally you would expect even more people to use a lawyer when buying property abroad – after all it is a country where they don’t understand the legal system and where they have often never bought before. So why is it that one of the most common questions that I get asked when I am talking to the public is whether they need a lawyer when buying a property abroad? Although I have never seen any statistics regarding how many people use a lawyer when buying abroad I would happily bet that it is a lot less then 97% (and I am not a betting man). I regularly come across people who are clever enough to earn enough money to be able to contemplate buying a second home abroad yet for some reason think that it is OK not to use a lawyer.

There is an old saying in the International Property industry that people leave their brains at the airport. Yes, the saying may be a bit harsh, but it amazes me how often this appears to be true (and how often some people take advantage of this). For some reason people do things abroad that they would never dream about doing back home. They sign contracts and pay large deposits without taking any advice at all. Whenever I am asked whether you need a lawyer to buy abroad I answer that you don’t as there is no legal requirement to do so. I then ask whether that person would proceed in this way in the UK and I can see the penny drop.

So why do many people think that it is safe to proceed without the use of a lawyer? In many countries property transfers are carried out by a Notary Public. The buyer is often told that the Notary does everything and therefore there is no need for a lawyer. Yes, there is a requirement for a Notary in those countries, but that isn’t the end of the story. In most cases the Notary will not tell you whether it is OK to sign the contract and to pay the deposit. In most cases the Notary will not explain how the progress of buying works. Normally the Notary will get involved right at the end of the transaction, by which time it might be too late and you may have committed yourself to something that you did not wish to. Often (particularly in more rural areas) the Notary won’t be able to speak English or understand the effect in the UK of your purchase abroad. Yes, you need a Notary, but they are no substitute for your own independent lawyer.

Things are however, thankfully, getting better. The average purchaser of property abroad is now much better informed then they were even 5 years ago. They do more research. They take more care and take more advice. They are much more careful with their money. The general lack of money and the fact that it is generally a buyer’s market has allowed this to happen. I just hope that when the good times come back and it becomes more of a seller’s market again that the buyers don’t revert back to their old habits or else us lawyers are going to be very busy sorting out the problems again.

Peter Esders

Peter Esders is a UK Solicitor who studied Spanish law in Spain and who has been dealing with Spanish law for over 15 years. He can be contacted at Chebsey & Co, 51 London End, Beaconsfield, HP9 2HW

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