How to choose your lawyer in Mallorca – some guidance notes on Mallorca lawyers
When you buy a property in Mallorca, or anywhere else for that matter, it is essential to have a competent lawyer to ensure everything is as it shoudl be and the sale is processed correctly. Problems with land registration or any other matters can be difficult, time consuming and costly to resolve after the event. One would never buy a property in the UK without having a lawyer and there is no reason to treat a purchase in Spain differently.
Most people recognise this however and the key questions tend to be: how to find the best lawyer, what fees will you pay, and what should you expect from them by way of services? Here are a few tips that will help you in this.
- It is best to employ a local Mallorcan lawyer. Whilst there are many competent lawyers on the Spanish mainland, and there are lawyers in the UK who specialise in Spanish property law, they do not have the relevant contacts and are remote from the situation so things invariably take longer which can lead to frustrations both both the buyer and for the seller.
- Choose a well-reputed and established firm. There are many lawyers dealing with properties in Mallorca. Choosing a one-man band with little history or reputation behind them is unnecessary and could prove unwise.
- Meet your lawyer at an early stage. Yur lawyer will become most actively involved once a deal has been agreed on the property you want to buy. However it is far better that you know them in advance and they should not charge you for an initial meeting. They will then be there to advise prior to an offer being made and this can be invaluable.
- Be confident in your choice. If you are introduced to a lawyer you are unsure of, arrange to see another and then make your decision as to which you prefer to use.
- Make sure their English is reasonably fluent. This seems an obvious point and most Mallorca lawyers will speak good English. But there is no point in paying for advice if you do not understand what is being said so this is certainly a point to be sure on.
- Ask lots of questions. Never allow something to pass without fully understanding it. You will be signing a contract that involves a lot of money and you should ensure you understand all of the conditions that are attached to the transaction. If you don’t understand a point ask your lawyer to explain it to you clearly and simply.
• They can prepare things so that the transaction will run smoothly and to-schedule. The NIE number (Foreigner’s Identification Number) for example is required for completion and can take around 6 to 8 weeks to obtain.
• They can take you through the property purchasing process. Knowing what comes next will give you more confidence even before you have found the property you want to buy.
• They will often give lots of general advice that could prove invaluable in your search and the negotiating process.
• They often have strong relations with the banks and will offer advice on mortgages. They may also be more effective in arranging mortgages than detailing directly with it yourself or through another third party.
In terms of fees lawyers in Mallorca work on a percentage of the transaction value (purchase price). This will usually be between 1% and 1.5% depending on the complexity of the sale. This amount is included within the 10% we recommend you allow for buying costs. The remainder is mostly made up of taxes – see The property buying process in Mallorca for more information.
Whilst the lawyers fees may be higher than in the UK, the process in the UK is more focussed on just the administrative process whereas a good lawyer in Mallorca will be pro-active in discussions with the vendor, the agents and any other related parties to ensure all aspects of the transaction are properly covered and run as smoothly as possible.
Some firms will also provide access to other services that will be useful when you are here. Holiday home owners have regular outgoings and taxes related to the property and these costs need to be managed correctly and kept to a minimum. Permanent residents will have a broader range of legal and financial matters to consider. For these reasons it is advisable to seek a lawyer with a view to a long term relationship. Ideally your lawyers firm should also offer:
- Gestoria services. The “gestor” is similar to an accountant but focussed on administrative matters. They deal with a wider range of matters than just finance. See The Gestoria in Mallorca: what are they and what do they do? for more information.
- Tax and financial advice. This is self-explanatory – see Financial and tax advice in Mallorca for further information
Overall the best way to find a lawyer is probably by asking for recommendations. Be a little wary though. Estate agents will recommend lawyers and usually this works out OK. But be aware they are likely to work regularly with the agent and there may be a commission paid to the agent for recommending them. This is unlikely to cause problems for you, but for the sake of your own peace-of-mind you may prefer to have someone not related in any way to the seller or their agent.
Mallorca Property Partners can, of course, recommend you a lawyer. A major part of our service is to introduce you to tried-and-trusted professionals to cover whatever is needed with regard to the property you are buying. We can assure you also that we never take commissions from lawyers as we believe our role in this has to be 100% objective and impartial.
For more information see Mallorca lawyers and solicitors, and please don’t hesitate to email us with any further questions you might have.
