The choice of lawyer is obviously one of the most important questions when considering how best to go about the property purchase process in Mallorca. There are many lawyers in the UK who specialise in Spanish property law, and some buyers might feel more comfortable using one of these rather than finding and dealing with one based on the island.
Why do we recommend using a local lawyer? Primarily this is to do with knowing the island and having the right contacts. A UK (or mainland Spanish) lawyer might technically be well qualified to handle the conveyance. But they are less likely to know the location in any detail and this is important. A good local lawyer may well be able to give you insight into the area or even the individual property you are considering. They are more likely to know if there are any issues that should be looked into – this is after all the most important part of their job.
Furthermore, the local lawyers contact-base in Mallorca will often prove invaluable. For example, if there are planning considerations that need to be checked with a town hall the local lawyer will be more able to look into it than someone who is operating remotely. Such matters are usually straight-forward in principle but can get messy if not dealt with at first-hand by people that know the town hall well.
Having said this, the choice of lawyer is key. Just as in the UK there are good and bad. Be cautious who you take recommendations from as many lawyers offer referral commissions. This in itself does not mean they are no good, but it does bring into question how objective the referral is. Mallorca Property Partners does not accept commissions from lawyers. In fact our preferred legal partners do not offer them which we think is a more professional way of operating.
Beyond this there are simple things to check:
- Independence. For your own peace of mind it is best to get a lawyer who is independent of any estate agent. Many estate agents recommend very good lawyers but this is not always the case. In the UK it would be unusual to take on a lawyer that the vendor’s agent has recommended and there is no reason why you should behave differently in Mallorca.
- English-speaking. There are plenty of good English-speaking lawyers in Mallorca so it makes little sense to use one that is not fluent, at least to a level where you can have clear conversations on the phone. Their advice is key but of little use if neither of you is 100% sure of what the other is saying.
- Pre-meeting with no commitment. The most simple piece of advice we can give is to meet with a lawyer at an early stage, ideally
- before
you start looking at properties. They should be prepared to do this with no charge or commitment. By meeting them at an early stage in the process you have plenty of time to review alternatives if you are not completely satisfied in your choice. You will also feel far more confident in the process you are undertaking. It speaks well of you to vendors too that you already have a lawyer on-board and this can help in negotiations.
The most important thing is to be completely confident that you have made the right choice. If you are not, review further options.
For initial recommendations, seek a trustworthy and independent source such as MPP. We will happily introduce you to our legal partners in Palma at any stage. They are English-speaking and will be equally happy to sit down and discuss the process with you in more detail. This will be with no fee and with no commitment. They are also specialist tax advisers which may also be of great use to you.
≈ Click here for more information on lawyers in Mallorca.
