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Thread: SOLICITOR'S SERVICES

  1. #1
    Join Date
    Jul 2005
    Location
    Staffordshire/Daya Vieja
    Posts
    44

    Default SOLICITOR'S SERVICES

    We are purchasing a property from builders in Torrevieja. They have given us a copy of the Land Registry entry showing who owns the land and whether it is debt-free. It is in Spanish, but I can get that translated. They have also given us a copy of the Building Licence issued by the local town hall again which needs to be translated. I do trust them as much as you can trust anyone. They have been very efficient and helpful up to now. We have spoken to people on their other developments who are all very happy with the builders and we feel that because we have these two pieces of information we do not really want to pay 1% to a Solicitor to maybe just do the same work.

    Is there anything else we should ask the builders for?

    I did conveyancing here for 15 years so know the procedure inside out in the UK and assume that some of the basics are the same in Spain.

    Handing over of Keys:-

    We are being told by some people that we need a Solicitor to attend at the notary's office on day of completion and others say not, the Notary will translate etc, but I have been told that the Notary will just be checking to see if something is legal not whether it is detrimental to us.

    Then we are being told by others that the Notary deals with the taxes, registration of our title and others say the Solicitors do it.

    Does anyone know the proper answer to these two questions as we were just going to instruct a Solicitor to attend with us at completion.

  2. #2
    Join Date
    Jul 2005
    Posts
    320

    Default

    The obligation to use the services of a solicitor is binding in cases of representation before the Courts of Justice. Other actions are in any case voluntary.
    The action of a solicitor in the purchase and sale of a property, as you stated in your e-mail, guarantees the satisfactory completion of the transaction, and that all legal procedures have been done. As an example of actions taken by the solicitor we can mention the following:

    1. Examine the administrative, municipal and ownership circumstances of the plot to be developed and the suitability of it being built.

    2. Secure that the private purchase complies with the legal requirements: Spanish Civil Code, and the special features of the transaction: Consolidating Law on the Status of the Land and Urban Development 1/92 and concomitant, Regulatory Law of the Urban Development in the Valencian Community (Law 6/1994 of the 15th of November)
    Law 8/2004 of the 20th of October on the Dwelling in the Valencian Community.

    3. Secure that the private purchase contract is made in all its clauses and during all its effect.

    4. Representation on behalf of the client before all the participants of the construction: developer, builder, technicians and the like.


    5. Legal advice and representation of the clients interests before the Notary to convert the private contract into a Public Document (Property Title Deeds).

    6. Settlement of Taxes, tax allowances and exceptions.


    7. Registration of the Property until its total inscription.

    All the above could be needed or not, since problems start when a problem emerges. It is the solicitor responsibility, if he has been involved since the very beginning with the purchase, to avoid any problem that may arise and as it has been already said, to guarantee the satisfactory completion of the transaction.


    For more information, we will be pleased to assist you at our offices in Torrevieja.

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