Gecko Towers
Most information services about purchasing a property in Marbella, or pretty much anywhere else, have one abiding message. Their mantra is clear – make sure that you retain the services of an independent lawyer from the start of your purchase process. If you take on board no other advice, please heed this basic pearl of wisdom.
In Marbella, this would generally mean an experience-qualified, bi-lingual and trusted Abogado regulated by the Malaga Bar Association.
Vitally, the professional advice that you receive from you chosen Abogado must be untainted by any avoidable conflict of interests? A conflict, for example, will exist where the Abogado’s loyalty, owed to the introducer of a property buyer, is greater than the loyalty owed to the buying client.
Let me be very clear. In a comparatively small market, like Marbella, respectable operators including Estate Agents, Lawyers, Architects, Bankers should – if they are half way decent – all know each other. They have mutual respect and are keen that business progresses productively. As a result, many of the stakeholders in the local market will provide a property buying client with the name of a law firm or two who they have dealt with previously, solid in the knowledge that the client will be well-served. There is nothing dubious in this, it’s just part of this micro-market and usual the World over. You must, of course, be happy with the recommended Abogado.
As part of your own protection as a buyer it is vital that you establish whether a portion of the fee that you are paying to your Abogado is then paid back to the referrer as a commission for your introduction. Under the rules of the Malaga Bar Association, for Abogados, this is an outlawed practice and you would do well to avoid any situation where it occurs. It’s not an automatic conclusion that if a fee is paid for your referral that the advice you receive must be tainted but my recommendation is that it’s better to avoid that risk.
You may have the name of an Abogado’s firm given to you by a friend or gleaned from your own online research. How can you decide who you want to work with? It’s ultimately a matter of relationship. Can you communicate with each other effectively? Does the Abogado listen to your concerns and deal adequately with them? Do you believe that your Abogado has your best interest at heart? These are vital questions and you will need to ask yourself them often during your dealings.
Don’t underestimate the value of an Abogado who is loyal to you and focussed entirely on the your needs from the property purchase. Some purchases are complex for a variety of reasons and the depth of faith and trust you have in your advisor should be unempeacheable.
What does your Abogado need to have? Aside from an excellent reputation for dealing with clients efficiently and with some flexibility to patiently explain and re-explain something that you may not have totally understood, your Abogado will need to have local knowledge.
While it’s theoretically feasible for a member of the Madrid Bar to represent you in your purchase in Marbella they will not necessarily have the granular and detailed knowledge of Marbella – and its immediate coastal neighbours. There is simply no substitute for “years on the clock” when it comes to the value that such an Abogado can bring. Planning peculiarities are regularly detected in this marketplace and having a savvy advisor who has seen much of it before is simply vital.
I have, regrettably, often discussed the nature of representation with clients who have had less positive experiences of advice and professional legal services in the Marbella market. The usual gripe seems, with some clear justification, to be that the advisor is only interested in the client while they are making their property transaction.
It’s largely true that this is the point at which the client is likely to spend the most on fees. – see our previous piece – Once a client….always a client? However, local advisors are clearly learning that the depth of the client relationship can be cemented over the years as client’s will invariably have issues such as tax and succession that necessitate careful consideration by their proactive advisors. The nature of best of breed legal services is that they embrace the holistic requirements of a client as they evolve.
The other often discussed issue, raised by disgruntled clients, is professional continuity.
Large law firms will often appoint a younger and, perhaps less experience, Abogado (or Legal Executive) to look after your transaction as it appears straight forward, almost routine. The Abogado is ambitious and keen to progress their career. In a market where there is much job-mobility within weeks of the start of your purchase the lawyer, who you first met, is no longer with the firm. His/her replacement has no clue of who you are or the details of your purchase. The obligation seems to be on you to bring the replacement up to speed with your transaction with vital time being lost in the process – not to mention your frustration at the firm’s lack of thought.
It is hardly surprising when the basic ‘best practices” of a modern law firm are not adequately dealt with that clients become concerned. They start to question whether the advice that they are receiving is as ambivalent as the “client care” that has been afforded them by their appointed advisor.
So, what don’t we do? We will not try to sell you a property – even though we do know several highly reputable Estate Agents to whom we’ve referred many happy property buyers. We’ll make available to you the services of third parties for currency exchange and direct to bank mortgages. We will conscientiously focus on your precise needs both now and thinking forward to plan for the future. Our professional legal colleagues will explain each step of your purchase as it proceeds, alerting you to those issues to which you may need to give particular thought and planning.
Above all, our and our colleagues only job is to look after your best interest!
Should you be interested in discussing the process involved in buying a property in the Marbella region, we would be delighted to assist you. Please contact me to discuss your precise requirements.
Please note that our posts are for general interest. There is no substitute for proper advice tailored to your specific circumstances as provided by a qualified Abogado who is experienced in the application of the Spanish Law.
Nothing contained in this article should be seen or taken as the writer or the publisher providing legal, tax or financial advice. All details have been reasonably fact-checked and all efforts have been taken to ensure that facts are accurate as at the date of publication.
My details: Mark FR Wilkins, during usual business hours on +34 600 343 917 or e-mail me at mark@therightsgroup.com
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