Spanish Conveyancing

SJ Stoker Solicitors understand that buying a property in Spain is a big investment and can be stressful, especially when purchasing abroad. If you are buying a property in Spain, you will have no doubt heard of the type of problems that can arise if the proper checks are not undertaken. The good news is that British people buying in Spain are increasingly aware of what can go wrong and recognise the need for a quality Spanish conveyancing service from a firm they can trust. The reality is that Spanish property is currently very affordable and, with the right legal advice from the outset, there is no need to let your dream of owning a Spanish property become a nightmare. By instructing SJ Stoker Solicitors you will get peace of mind and be sure that your interests will be protected, for a fraction of your property cost!

The principal, Samantha Stoker, has assisted many people during the last decade to purchase Spanish property safely and securely. We fully understand the Spanish legal system, Spanish conveyancing and the Spanish culture; we speak fluent Spanish and work with a panel of Spanish professionals so that all of your legal and tax needs are met.

SJ Stoker Solicitors are completely independent and will only ever act in your best interests. In the case of a purchase, we will provide practical advice on the risks involved and whether a problem should deter you from buying or even whether you can use the information to negotiate a lower price.

You will receive a personal service and will be kept regularly updated on the progress of the transaction. We are UK based which means cheaper telephone calls! Distance is no object as we can act for you wherever you are in the UK. You do not even need to take time out to travel to visit us (unless of course you wish to do so) as we can deal with everything by email, letter or telephone. As soon as you instruct us, we contact all parties so that everyone is kept informed at every stage.

We have direct links with the Spanish Land Registry, Catastral Registry and Spanish Company Registry which means that we receive the results of our searches within 24 hours.

Differences between English and Spanish conveyancing transactions

In an English conveyancing transaction a conveyancing protocol exists which most Solicitors adhere to. This means that every party in the transaction is working along the same standard guidelines. Searches such as the Local Search and Water and Drainage are carried out as standard practice. This is not the case with Spanish conveyancing where no such "protocol" exists at present. Therefore do not assume that even the most basic checks will be carried out for you.

Of the horror stories you will have read about, many could have been avoided had simple checks been carried out. SJ Stoker Solicitors carry out all necessary searches and we will advise whether further searches are required. Before completion we provide a full report so that you can make an informed decision as to whether you want to proceed with your purchase.

If you are selling a Spanish property, there are tax implications which need to be considered. Following completion we will be able to calculate whether you are entitled to any tax rebates. Any claims for tax rebates must be made within strict time limits otherwise the rebate may be lost. It is therefore important that you instruct a professional to do this for you.

Common Complaints

It is our experience that a purchaser is often put under pressure to sign a contract within a short period of paying a reservation fee. The contract will often state that the purchaser accepts the planning and legal position with regard to the land/property, often before he has had the opportunity to investigate the legal position. This means that if the Seller does not have planning permission for the property or other important documents then by signing the contract and paying over the deposit the buyer is deemed to have accepted the defects.

Sadly many people approach us for help when the damage has already been done but in nearly all cases their problems could have been avoided, had basic checks been carried out. We carry out these checks as standard practice.

If you instruct us, we will confirm in writing what we will be doing for you, we have professional indemnity insurance and we are regulated by the Solicitors Regulation Authority, the independent Regulatory body of the Law Society of England and Wales.

As part of our Spanish Conveyancing service we can:

• • Clarify the legal steps that have to be followed
• • Carry out all necessary checks
• • Collate all necessary information and documentation
• • Liaise with all parties in the transaction
• • Arrange a Notary Appointment for completion
• • Complete and file Spanish tax forms
• • Arrange registration of the Spanish title deeds (in the case of a purchase)
• • Calculate and advise if a tax rebate is possible (in the case of a sale)
• • Keep you fully informed at key stages

to contact us for a free initial consultation.

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