You will have seen in my numerous posts that I always say take independent legal advice when you buy a property here in Spain.
You need a lawyer that is only acting for you. Your lawyer or abogado will draft the reservation contract. Once you’ve found your Spanish home don’t sign or pay anything until you had advice from a Spanish law firm like us. The reservation contract is the foundation of your property purchase in Spain, pardon the pun.
The reservation contract is very important for many reasons. This document takes the property off the market and the buyer has to pay a deposit.
At Just Law Solicitors we advise that any deposit is paid into our client account. Unlike a Solicitor in the UK the client account in Spain is optional. Once the money has been paid into our client account if the purchase doesn’t go ahead it’s much easier for you the buyer to get your money back. If the deposit money has been paid to the seller for example or may be difficult to get a refund without lengthy court proceedings.
There is no law which says that the lawyer representing the purchaser has to have the money in their client account but we recommend this clause is in the reservation contract. Of course the reservation contract is only the first step in the property buying process here in Spain. At Just Law Solicitors we can help you every step of the way.
Of course this isn’t legal advice and we you can discuss your Spanish property purchase needs with one of our English speaking lawyers. We’ve been advising clients since 1992. If you´re looking to buy a home in Spain have a look on http://www.idealista.com there are many other sites of course. We include the NIE number for clients buying a Spanish property.
Just Law Solicitors Malaga – Fuengirola – Marbella and online
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