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Should you use a UK or local Mallorca Lawyer?

February 9, 2010 // Posted in Mallorca property finders, Mallorca resources, services and information (Tags: , , ) |  No Comments

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.

Our advice however is always to use a local lawyer, but this is provided they meet certain criteria which should be straight-forward to satisfy.

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.

How to choose your lawyer in Mallorca – some guidance notes on Mallorca lawyers

May 21, 2009 // Posted in Mallorca resources, services and information (Tags: , , , , , , , , ) |  No Comments

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.
    • • They will advise you if there are things that need to be checked before an offer is made, or that should be attached to the offer as a condition. If there are questions over the registered land for example the offer needs to make it very clear as to what is understood between the parties with regard to this.
    • 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.
  • 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.

    • 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:

    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.