MPL: Your Abogado – A Vital Relationship

Gecko Towers

You don’t need to be brave to buy a property on the Costa del Sol, but it really helps. Starting a blog with such a sentence conjures up images of cut-throat Barbary Pirates in hats with feathers, broken teeth and gold earrings ready to rip off the unwary.

I am keen not to portray the Marbella region as one where disproportionate caution should prevail that has the effect of paralyzing the newcomer but there is a level of prudence that needs to be observed. Every beautiful region of the world has a tendency to attract undesirable characters who prey on others for their own gain. Being clear on who should be avoided is key to your own protection.

The beautiful island of Bermuda has a picturesque capital of Hamilton. The locals, in addition to plethora of ‘brass-plate banks’, holding companies and lawyer’s offices, whose male personnel dress in long ‘Bermuda shorts’, knee-length socks and business shirts, clearly understand this caution. I was there many years ago and told “There are more sharks on Front Street, Hamilton than in the surrounding Atlantic Ocean!”

So who should be your guide to navigate the Costa del Sol’s potentially tricky waters?

There are some who are active in this market who you may feel you should be able trust but, for one reason or another, you just have a troubling doubt. You may need to engage with them but you’ll remain diligent.

If there is one member of your team who’s trustworthiness must be beyond question, it should be your local Lawyer (Abogado). Aside from the obvious observation that your Abogado must be truly independent of your commercial transactions – including the purchase of your property – and be chosen by you alone, there is something more. You will have exercised extensive care in the selection of your Abogado. You may have interviewed several before choosing and your selection 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? If there is good or bad news to impart will they be as straight as an arrow? If there is any doubt, please don’t hire them.

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. 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.

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.

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 issues thrown up that need to be solved or circumvented. This is, naturally, really welcome. However, issues may arise that 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 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 workable and viable solutions that ensure 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 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’ is often 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 may 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.

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 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, please e-mail me at mark@roslegal.es

Please note that our posts are for general interest. They are 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 2020 All rights reserved.


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