Gecko Towers:
Having selected your preferred Spanish lawyer (Abogado), and we are well placed to advise you on this vitally important appointment, the next challenge is determining whether granting a Power of Attorney (Poder Notarial) to your trusted Abogado is right for you. When purchasing property in Marbella the granting of a Poder to your trusted Abogado offers several advantages:
1. Convenience: Granting a general Power of Attorney allows your Abogado to handle most essential tasks on your behalf, including the signing contracts – see here https://marbellapropertylawyers.com/mpl-what-is-a-contrato-de-arras/ and https://marbellapropertylawyers.com/mpl-what-is-a-compraventa/ obtaining necessary documentation like the NIE (Número de Identificación de Extranjero) – see here – https://marbellapropertylawyers.com/mpl-whats-an-nie-why-do-you-need-one/ – and completing the purchase process.
As a result of the grant of your Power of Attorney, provided that you really trust your chosen Abogado, is that you can rely on him/her to undertake these steps on your behalf and in your place without the need for you to continually visit Marbella during your property buying process. This saves you time, money and significantly reduces the logistical challenges.
2. Professional Expertise and Due Diligence: Your Abogado can initiate, conduct and review the process of due diligence – see here – https://marbellapropertylawyers.com/mpl-due-diligence-when-buying-a-marbella-property/ to ensure the legality of the property, that the title is clean and clear and free from debts – such as mortgages, unpaid Community Fees, fines or taxes or other outstanding legal issues.
It is not essential to have granted a Poder to your Abogado for such Due Diligence research but it assists their work on your behalf.
Care should be taken to ensure that your Abogado informs you of their findings and fully explains any issues that they may have uncovered. Particularly, those issues upon which your Abogado requires you to take a view as to its importance. Your trusted Abogado should be relied upon to review and negotiate contracts to protect your interests, ensuring compliance with Spanish property laws.
3. Money Saving : By authorizing your Abogado to act on your behalf and in your place, you can minimize multiple trips to Spain, leading to significant cost savings on travel and accommodation expenses.
4. Post-Purchase: After your purchase, your Abogado should assist with the setting up of various utilities accounts – electricity, water, fibre optic and the like, arranging direct debits for local taxes (IBI and Basura), and handling other administrative tasks, ensuring that you ease into the role of being a Marbella property owner.
5. Flexibility: It’s crucial that you appoint a trustworthy, bi-lingual, local and highly-experienced Abogado. You will need to develop a collaborative relationship with your Abogado who will need to be confident in that relationship to enable him/her to be able to impart good, as well as, potentially, bad news with equal candor.
Being careful about the contents, scope and duration of the Power of Attorney that you are willing to grant is essential. It needs to be aligned with your precise needs and while most tend to be general in nature you can, of course, grant a specific Power of Attorney focused upon a particular element of the role you want your Abogado to have.
6. Conclusion: Generally, once the text of the Power of Attorney is corrected to your satisfaction, its more efficient for you to be in Marbella in order to go with your Abogado to the Notary’s office to have the Poder correctly witnessed and signed. You can conclude the Poder in your own country and have it Notarized there. It will, however, need a Hague Apostille attached to it in order to ensure that it will be acceptable for your Abogado’s use in Marbella.
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Should you be interested in discussing the process involved in buying a property in the Marbella region, we would be delighted to assist you. We have an experience-qualified and best of breed Associates Network comprising professionals focused on the Marbella region’s property market. Their services include property search, mortgages, legal and tax services, visas, surveying, insurance and currency brokerage. We have done the leg work, testing the quality of our Associates Network and now feel confident in recommending their services to you.
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 legal, tax or financial advice and cannot be relied upon as such. Neither the writer nor the publisher accepts any responsibility for liabilities arising as a result of reliance upon the information given. 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.
Interested to own a property in the Marbella region? Then why not grab a copy of my recently published E-book titled “Buying a Property in Marbella? Please, read this first!” To get your own copy please follow this link https://amzn.eu/d/7uVvXFD
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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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