# Canadian Looking to Buy Property-Advice for Lawyers, NIE, Process



## bad_kelpie (Dec 19, 2011)

Hello.

Im new here and looking to see if I am being at all realistic, or whether this may actually be doable.....

First, I am a Canadian married to a Spanish citizen living in Vancouver.

We plan to move to Spain sometime in the first half of 2012. 

There happens to be a property listed on idealista that I have had my eye on for quite some time and the price has just dropped to a very nice level.

Is it totally unrealistic that I might actually be able to start a transaction from overseas, perhaps with the assistance of a lawyer, doing perhaps a quick jaunt over to Spain in order to enter the process when some things have been achieved that may not require my attendance. In other words, could i get a lawyer to recieve my registered interest in the property, obtain my NIE, etc.

For the property that I am interested in, I would have about 30% of the funds as a dowpayment to the bank. Does anyone have an idea whether, during this economic crisis, whether that is good enough? It's tough for me to gauge what, when, how the banks are operating on mortgage for foreigners. 

The property is not an expensive one. About EUR 100,000.

Any advice on this is most greatly appreciated! :confused2:


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## Guest (Dec 20, 2011)

I would be scared ****less to buy something listed on *idealista* that way. 

As for your NIE, where are you guys married? Can you start the NIE/residency card process at the local consulate? 

Look up how to legalize Canadian documents, it's been a real pain in the neck and a long process for me since Canada doesn't legalize documents using the Apostille of the Hague. I've had to send them to DFAIT then the Canadian consulate. Find out whatever documents you'll need legalized and get those started ASAP.


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## bad_kelpie (Dec 19, 2011)

halydia said:


> I would be scared ****less to buy something listed on *idealista* that way.
> 
> As for your NIE, where are you guys married? Can you start the NIE/residency card process at the local consulate?
> 
> Look up how to legalize Canadian documents, it's been a real pain in the neck and a long process for me since Canada doesn't legalize documents using the Apostille of the Hague. I've had to send them to DFAIT then the Canadian consulate. Find out whatever documents you'll need legalized and get those started ASAP.


Hi Halydia.

Yes, the documents business is a real pain from what I hear as well. The thing is, I think that the marriage and the purchase of a home could work separately. Basically, my spouse has no income here in Canada, so I am considering doing making a purchase and the registration of marriage a separate 'issue'. 

The property I saw is listed on Don Piso as well. Also, I for sure would go through a lawyer, if that is even a likely possibility from afar. 

Does anyone know of a reputable English speaking lawyer that has been tried and tested?
This would be in the Valencia area, so hoping maybe someone knows of one.

I have sent an exploratory email to the website solicitorvalencia (dot) com


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## xabiaxica (Jun 23, 2009)

bad_kelpie said:


> Hi Halydia.
> 
> Yes, the documents business is a real pain from what I hear as well. The thing is, I think that the marriage and the purchase of a home could work separately. Basically, my spouse has no income here in Canada, so I am considering doing making a purchase and the registration of marriage a separate 'issue'.
> 
> ...


PLEASE!!! don't buy a property listed on the internet without actually physically seeing it first, no matter how many sites you see it on


I do know a good lawyer in my town, but I just know he'd advise you against it


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## bad_kelpie (Dec 19, 2011)

xabiachica said:


> PLEASE!!! don't buy a property listed on the internet without actually physically seeing it first, no matter how many sites you see it on
> 
> 
> I do know a good lawyer in my town, but I just know he'd advise you against it


There seem to be so many questions on how to begin the process, that I couldn't if I tried! 

I'm mainly interested whether this is a viable process once I am sure the property is actually a desirable one.


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## xabiaxica (Jun 23, 2009)

bad_kelpie said:


> There seem to be so many questions on how to begin the process, that I couldn't if I tried!
> 
> I'm mainly interested whether this is a viable process once I am sure the property is actually a desirable one.


I'm sure it's possible

you can get a NIE to buy property by going to the Spanish embassy where you live

I don't know about getting a mortgage though - have a look at this http://www.expatforum.com/expats/spain-expat-forum-expats-living-spain/68126-economic-employment-situation-spain-4.html

there are some articles about the current property situation here - your best bet might be to look at the 'repo' stock the banks have

as residents, we have been told by our bank manager that he can give us 100% mortgage if we buy directly from the bank


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## jp1 (Jun 11, 2011)

What did Oscar Wilde say about receiving advise !!!

Anyway here's my advice. Feel free to pass it on 

What you intend to do (buy a house in Spain) can be done in a much more stress free, less hassle, more secure and cheaper way.

*Move to Spain and RENT*.

Then look for your ideal property/start the buying process once here.

You know the real crisis has yet to hit Spain, there has been 4 years of stagnation, with unemployment increasing, but during this time most properties have not fallen a great deal, certainly not a fall that is in comparison with the crisis that is about to unfold.


2012 is going to see further price falls, possibly capitulation as banks dump properties. Secondly the Euro is going to weaken against all major currencies or collapse if its end game, with Spain reverting to the peseta.

There are so many factors in your favour in waiting until you are in Spain next year and probably none against you.


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## Mexberry (Dec 19, 2011)

All I can do is reiterate what others have posted - do not buy a property based on internet images.You have no idea what the neighbourhood is like - there could be a foul smelling mushroom farm next door or a freeway behind ,for example. Do not trust Spanish lawyers as they do not have the same controls placed on them as do canadian ones. Remember even if you do not get this property, there are many others that are waiting to be sold. It is a buyers market. I ,like you are looking for a source that lists lawyers experienced in real estate. We are looking to retire to Spain from Victoria BC. 
Mexberry


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## Pesky Wesky (May 10, 2009)

jp1 said:


> What you intend to do (buy a house in Spain) can be done in a much more stress free, less hassle, more secure and cheaper way.
> 
> *Move to Spain and RENT*.


As they say, you can say it louder but you can't say it clearer. Look at the thread xabiachica gave you about the economic situation in Spain and look at post 39 and 40 about the fall in property prices.
Why would you want to buy, on top of that when you're out of the country, and to fill your life with stress :confused2: ??


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## Pesky Wesky (May 10, 2009)

Mexberry said:


> All I can do is reiterate what others have posted - do not buy a property based on internet images.You have no idea what the neighbourhood is like - there could be a foul smelling mushroom farm next door or a freeway behind ,for example. Do not trust Spanish lawyers as they do not have the same controls placed on them as do canadian ones. Remember even if you do not get this property, there are many others that are waiting to be sold. It is a buyers market. I ,like you are looking for a source that lists lawyers experienced in real estate. We are looking to retire to Spain from Victoria BC.
> Mexberry


I don't know if there is such a list of lawyers. Most lists will actually be an advertisement so it's just like looking at yellow pages with no guarantees. However, as far as I understand, practising lawyers must belong to a "colegio". Here is the email address for El Colegio de Abogados de Madrid where they maybe able to point you in the right direction [email protected]
"Top Tip" (thanks to Jojo for that phrase) You may want to refrain from using statements like _Do not trust Spanish lawyers as they do not have the same controls placed on them as do canadian ones_ and just accept that the laws in Spain differ from the laws in Canada...


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