# First Time Buying and Lawyer?



## Esprit9 (Aug 4, 2018)

I will be buying a property in Alicante in the next 4 months. I am a non resident and had a broker research best mortgage options. 

* Should I get a Lawyer prior to buying? Which type and any advice on one in Alicante area?

* Advice on an English speaking Lawyer in Alicante area?

Thank you

Ed-


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## Simon22 (May 22, 2015)

Esprit9 said:


> I will be buying a property in Alicante in the next 4 months. I am a non resident and had a broker research best mortgage options.
> 
> * Should I get a Lawyer prior to buying? Which type and any advice on one in Alicante area?
> 
> ...


Yes you need a lawyer and you should get a Spanish lawyer that can speak English rather than an English lawyer.


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## Alcalaina (Aug 6, 2010)

The nationality of the lawyer isn't important, but it should not be the one recommended by the estate agent.


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## snikpoh (Nov 19, 2007)

Alcalaina said:


> The nationality of the lawyer isn't important, but it should not be the one recommended by the estate agent.


I absolutely agree - so many people choose a lawyer because they speak English (just like they choose builders!!).

I would rather choose someone who is good at their profession and then take an interpreter if necessary.


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## baldilocks (Mar 7, 2010)

Esprit9 said:


> I will be buying a property in Alicante in the next 4 months. I am a non resident and had a broker research best mortgage options.
> 
> * Should I get a Lawyer prior to buying? Which type and any advice on one in Alicante area?
> 
> ...


What do you want the lawyer for? If you want him/her for a chat over afternoon tea, by all means go for one who speaks English. 

*If, however*, you want him/her to make a good job of your property transaction, intercepting and negating all the pitfalls that might get in your way, then what you need is a good lawyer who is on the ball regarding property transactions. You also need a good translator who is fully conversant with the legalese applied to property transactions. This latter point is important since there are a number of so-called "translators" who are very limited in their scope and if faced with something with which they are not familiar, will gloss over it and it might well have been something very important.


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## baldilocks (Mar 7, 2010)

Duplicate


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## Esprit9 (Aug 4, 2018)

THank you all and Baldilocks. Appreciate all of your replies and the great advice. 

This will be a big next step for our family and as Non-Residents, we want to make the best decision possible. We are both school educators and can't afford losing money due to bad mismanagement of this process.

Could one of you possibly PM me any recommendations on legit layers who speak English/Spanish in the Alicante area that will help me with my purchase of an apartment flat in that area.

If you have any advice on good real estate agents in ALicante, I would love advice on that also!

Thank you 

Ed-




baldilocks said:


> What do you want the lawyer for? If you want him/her for a chat over afternoon tea, by all means go for one who speaks English.
> 
> *If, however*, you want him/her to make a good job of your property transaction, intercepting and negating all the pitfalls that might get in your way, then what you need is a good lawyer who is on the ball regarding property transactions. You also need a good translator who is fully conversant with the legalese applied to property transactions. This latter point is important since there are a number of so-called "translators" who are very limited in their scope and if faced with something with which they are not familiar, will gloss over it and it might well have been something very important.


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## Esprit9 (Aug 4, 2018)

Also wondering if I should try to find a lawyer in the same city/town where I am looking to buy? or would a real estate/tax lawyer in Malaga when I'm going to buy in Alicante be okay?


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## Alcalaina (Aug 6, 2010)

Esprit9 said:


> Also wondering if I should try to find a lawyer in the same city/town where I am looking to buy? or would a real estate/tax lawyer in Malaga when I'm going to buy in Alicante be okay?


Better to stay reasonably local. There will inevitably be several face-to-face meetings and it's a heck of a drive! It's also a good idea to have someone with contacts in the local land registry.


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## Elyles (Aug 30, 2012)

Esprit9 said:


> I will be buying a property in Alicante in the next 4 months. I am a non resident and had a broker research best mortgage options.
> 
> 
> 
> ...




A Gestor might do what you want for a much lower fee. In my opinion, it depends on how much you are spending. If you are looking at a free standing casa for 400-500k or more, sure. Cover your assets. 


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## Esprit9 (Aug 4, 2018)

Thank you Elyles,
What is the best way to find a qualified Gestor in the Alicante area? We are looking to buy at around 150K euro home. What are all the functions of a Gestor vs Lawyer?



Elyles said:


> A Gestor might do what you want for a much lower fee. In my opinion, it depends on how much you are spending. If you are looking at a free standing casa for 400-500k or more, sure. Cover your assets.
> 
> 
> Sent from my iPad using Tapatalk


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## Esprit9 (Aug 4, 2018)

I connected to a property lawyer in Alicante area and this is there fees. Can those of you who purchased a home inform me on these numbers below. Does this seem normal for lawyer fees?:

“In relation to our fees, those are 1% of the purchase price + 21% VAT, with a minimum of 1.500 EUR + 21% VAT. 
Apart of the above, you have to be add the following ones re the purchase :
- - Notary fess approx. 900 EUR
- Land Registry fees approx. 750 EUR
- - Transfer tax: 10% : 15.000 EUR (taking as example a purchase / sale price of 150.000 EUR)
- Changes of water and electricity: To confirm by further steps of the process
- - Legal Searches: 350 EUR”


Thank you

Ed-


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## Alcalaina (Aug 6, 2010)

Looks about right. The transfer tax varies according to region (e.g. 8% in Andalucia but 10% in Valencia).


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## Engadvisor (Jun 16, 2018)

baldilocks said:


> What do you want the lawyer for? If you want him/her for a chat over afternoon tea, by all means go for one who speaks English.
> 
> *If, however*, you want him/her to make a good job of your property transaction, intercepting and negating all the pitfalls that might get in your way, then what you need is a good lawyer who is on the ball regarding property transactions. You also need a good translator who is fully conversant with the legalese applied to property transactions. This latter point is important since there are a number of so-called "translators" who are very limited in their scope and if faced with something with which they are not familiar, will gloss over it and it might well have been something very important.


Don't use the one I'm with. Not sure if I'm allowed to say their name on here. I saw a bungalow I liked but it was important for me to be able to rent it out part of the year as I still live in the UK and I'm retired on a state pension. I have never had such a stressful 4 months in my life and now as I'm just about to complete having said throughout I would be able to rent now says I have to go through a complicated lengthy process to do so for which she wants to charge me another 400 euro! She's totally untrustworthy and I'm a bag of nerves! I made the mistake of choosing these lawyers because the owner is bilingual and I'd seen him give a presentation at an exhibition. I was immediately passed onto his colleague. She's ssoo incompetent. Now I have a choice whether to forgo the 10,000 euro I've already paid or pay another 94,000 euro and keep my fingers tightly crossed!


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## Esprit9 (Aug 4, 2018)

I’ll be getting a mortgage and was very surprised that there are $7k of fees to just get a mortgage before even choosing the home. Is this normal in Spain? 


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## Alcalaina (Aug 6, 2010)

Esprit9 said:


> I’ll be getting a mortgage and was very surprised that there are $7k of fees to just get a mortgage before even choosing the home. Is this normal in Spain?
> 
> 
> Sent from my iPhone using Tapatalk


I've never had a mortgage but that looks outrageous!

You should go direct to a bank instead of using a third party agent. I'm sure those "arrangement and administration" fees would be avoided if you did that.


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## Elyles (Aug 30, 2012)

Alcalaina said:


> I've never had a mortgage but that looks outrageous!
> 
> 
> 
> You should go direct to a bank instead of using a third party agent. I'm sure those "arrangement and administration" fees would be avoided if you did that.




We had a small mortgage just to build a relationship with the bank. Our fees were minuscule. Ours was only a 15 year but we paid it off in three, saving a bundle on the Dollar Euro conversion. I agree with Alcalaina. Use your bank. Something doesn’t sound right.


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## baldilocks (Mar 7, 2010)

Elyles said:


> We had a small mortgage just to build a relationship with the bank. Our fees were minuscule. Ours was only a 15 year but we paid it off in three, saving a bundle on the Dollar Euro conversion. I agree with Alcalaina. Use your bank. Something doesn’t sound right.
> 
> 
> Sent from my iPad using Tapatalk


We don't have a mortgage but occasionally we tap the bank for a small loan just to buy a car and soon to replace some windows with uPVC ones. We don't really need the loan but it keeps the bank balance looking healthy.


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## Esprit9 (Aug 4, 2018)

Thanks all for the help with his. I’m leaning towards finding and using a Gestor in that area. I’ll start a new thread to see in anyone know reliable gestor in Alicante 


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