Gecko Towers
I know you know this …. but the word “Abogado” means “Lawyer” and it is pronounced “A-bo-gado”.
In my opinion, it is vitally important that your chosen Abogado, entrusted to look after your property purchase in the Marbella region, should hold membership of the Colegio de Abogados in Malaga, Cadiz or Seville. Each Abogado member will have a Colegio inscription number which should tally with the Colegio’s records. These bodies are largely similar to the Law Society in England & Wales or the Barreaux de Paris or Bruxelles.
It is important to check on your Abogados professional indemnity (PI) insurance cover. Increasingly your Abogado, in addition to the regular and basic insurance offered by their Colegio, should have ‘top up‘ insurance increasing their PI cover to several million Euros. It‘s worth checking that they have coverage that meets the needs of your transaction.
There are those who instruct, often a Spanish lawyer, from outside this region to conduct their purchase. There is simply no substitute for granular knowledge gained from day to day experience of working for many years in this market. Familiarity with the nuances involved in a complex and detailed market – such as Marbella’s – is earned through time doing the job and bring massive dividends to buying clients. The planning regulations and their quirks, intricacies that may not be self evident and from dealings with previous client’s experiences of a particular urbanisation or location they should know where caution should be exercised.
What do I mean when I bang the drum for you to make sure that you appoint an independent Abogado to look after your best interests when buying a Marbella property? Primarily your chosen Abogado needs to be solely responsible to you in order to look after your best interests. His or her advice must not be tainted by a complex relationship with the promoter, developer or sales agent of the property that you are proposing to buy.
The impartiality of your Abogado is an excellent starting point. This means whilst the Abogado may have been recommended to you by a sales agent, an accountant, banker or a mortgage broker – which is not at all unusual and should not be seen as particularly suspect – his/her first responsibility must be to ensure that they look after your best interests.
In my situation, there is, we believe an added dimension which works really well for our English speaking clients. My role, as a non-practicing English lawyer, means I don’t provide advice to a clients as such. The transactional legal advice and services are delivered to our clients by my colleague Abogados. My role is to welcome clients to our law firm and its services and to be on hand, as needed throughout their transaction, to provide a familiar voice and experienced eye when confronted with all manner of cultural matters with which they may be unfamiliar.
Selecting the right Abogado for you is a vital element of the property buying process and it can often be overlooked in the excitement of property visits and deal negotiations.
Why is your relationship with your Abogado so important?
There is an Italian expression, “Il Consiglieri” that describes a person, usually a lawyer, who is trusted by his/her client and helps their client steer their way through a transaction.
The Client/Lawyer relationship is key and the ease with which you can communicate with and respond to your Abogado is vital. There is a balance and the depth of your relationship may involve a frank discussion as to when issues are a priority and when they can take second place.
While a successful Abogado will have other clients, like lawyers the world over, there is a professional skill in managing a client’s expectations. Phone calls and e-mails may occasionally take time to process, depending on the pressures of other clients, but responsiveness is important. A busy Abogado is busy for a reason. It tends to be either because they are popular with clients or they are very good – preferably both!
It is common for a property purchase to be straight-forward and in the process there may be no unusual issues thrown up that need to be solved or circumvented. This is, naturally, really welcome. However, should they arise your Abogado may need to present to you and you need to clearly understand your available choices and the implication of the decisions that you are being asked to make. Relying on your Abogado’s advice and counsel is always advisable but in such circumstances it is essential to enable you to make fully informed decisions.
You will have spent emotion, time and money identifying your preferred property but there may be issues that fundamentally affect its legality and, as a result, its value. The strength of your relationship with your Abogado has to be firm in order for you to confront what may be perceived as a serious problem by understanding its seriousness and then, if possible, identifiable workable and viable solutions that ensure your purchase remains on track – if that’s what you want.
Being supported in whatever decision you have chosen to make is also important. Your ability to be effective in this market may depend on your perception of those matters that are more and less important. Receiving your Abogado’s support and commitment to the decisions you take is the essence of dynamic relationship that I hope exists with your chosen professional advisor.
Dealing in the Spanish market is simply not the same as dealing in your home market. Understanding and coping with inevitable issues that stem from ‘Culture Shock’ are usually softened by your Abogado’s wisdom and experience. Being able to explain the impact of a particularly confusing, and perhaps illogical, piece of Spanish state administration is not only very useful but it also reduces the likelihood of confusion.
I don’t want to overplay the importance of your relationship with your Abogado but a property purchase is, in almost all cases, a very significant purchase and a commensurate commitment. Equally, you could be lucky and have a smooth transaction but I wouldn’t want to rely on that prospect in my choice of Abogado. You will, at the outset, have an understandable level of apprehension, that should be mitigated by being properly guided by the experienced professional chosen by you.
Can I also recommend for UK property seekers in the post Brexit property market in Marbella, that you consider engaging your Abogado early in your property search. You will be aware of various time limits on the number of months stay that a Brit can enjoy in Spain without the need for special Visas. While these go some way to resolve the concerns the requirements for obtaining such Visas needs to be carefully considered. This includes the way your property is purchased and by who.
Having recently been a client of the law firm I consult to, and having had to consider various issues that would be simply immaterial in a UK property purchase, I can confirm that my Abogado colleagues’ quiet and comprehensive efficiency significantly reduced the stress levels attendant in any property purchase. It became the pleasure it should be!
Should you be interested in discussing the legal process involved in buying a property in the Marbella region, we would be delighted to assist you. Our multi-disciplinary team of bi-lingual, highly experienced and wholly independent Abogados and Asesores Fiscales are ready to help you.
Please call me, Mark FR Wilkins, during usual business hours on +34 600 343 917 or, if you prefer, or e-mail me at mark@roslegal.es
Please note that our posts are for general interest. There is no substitute for proper legal 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 or financial advice.
© Mark FR Wilkins 2023. All rights reserved.