Gecko Towers
Recently, I was having an interesting discussion with an expert in online marketing, based in the Marbella region, Alfredo Bloy-Dawson. He works with several major local and international estate agencies and there is very little he doesn’t know about the searching habits and trends of those seeking a property in the Marbella region.
Alfredo commented that, in his experience, it was rare for a potential client to search for their Marbella lawyer (Abogado), a trusted professional who is going to see that their best interest are properly protected, ahead of identifying their chosen property. Naturally, I was surprised by this but wanted to explore it a little further.
You don’t need to be particularly brave to buy a property on the Costa del Sol. However, there is a level of prudence that needs to be observed.
So who should be your guide to navigate the Costa del Sol?
If there is one member of your team who’s trustworthiness must be beyond question, it should be your local, bi-lingual and experienced Lawyer (Abogado). Aside from the obvious observation that your Abogado must be truly independent of your property transaction – including the purchase of your property – and be chosen by you alone, there is something more visceral.
You should exercise great care in the selection of your Abogado, a detailed Google search is merely a starting point. You should interview several, by call, Zoom or in person, before selection. Your choice will be based on a combination of his/her personality, experience, language ability and obvious business structure (including practicing from a more conventional office) but there is a remaining ingredient. In simplest terms it is the depth of your trusting relationship with your Abogado.
Do you trust your Abogado to tell you the truth, to have your back and deliver you with best practice advice and services at all times? If there is good or, even, some bad news to impart will they be as straight as an arrow? If there is any doubt at all, please don’t hire them and look for an Abogado who you feel more comfortable with.
As you’ll imagine selecting such an advisor may take effort so the earlier you devote some of your valuable time to the process the better. You do not want to rush and make a poor decision or accept a less than perfect option.
Why is your relationship with your Abogado so important?
You will respect their professional standing but without clients your Abogado has no business. You are their client. If at any point you are confused by their advice, despite their perfect English, you must feel free to challenge, to question and to seek clarification until you properly understand the issue/s being discussed. There is simply no point leaving a meeting with queries left unresolved.
Unless acting under a Power of Attorney and with your complete instruction and authority, your Abogado will not make any significant decisions for you, that’s your job. The Client/Abogado relationship is key and the ease with which you can communicate with and respond to your Abogado is vital.
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!
As an active professional advisor they are rarely able to devote day’s at a time to seeking to help to resolve all of your issues. 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.
Having established that there is the proper two way street between you, their Client and your Abogado, that relationship will become very relevant in certain of circumstances:
It is common for a property purchase to be straight-forward and in the process there may be no unusual hiccups that need to be solved or circumvented. However, issues do arise that your Abogado may need to present to you. Your clear understanding of your available choices and the implication of those decisions is vital. 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 have spent emotion, time and money identifying your preferred property but there may be issues in relation to, for example, the planning designation of your property 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 a workable and viable solution that ensures your purchase remains on track, if that’s what you want to do.
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 this dynamic relationship.
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’ is often softened by your Abogado’s wisdom and experience. Being able to explain the impact of a particularly confusing, and perhaps illogical, pieces 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. You may be lucky and have a smooth transaction but I wouldn’t want to rely on that prospect in my choice of Abogado.
At the outset you mat have an understandable level of apprehension which should be substantially reduced by being properly guided by an experienced Abogado selected by you.
Should you be interested in discussing the processes involved in buying a property in the Marbella region, we would be delighted to assist you. Our team of bi-lingual, highly experienced and wholly independent team of Abogados 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. They 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.
© Mark FR Wilkins 2021. All rights reserved.