This guide is meant to serve as a legal resource for British citizens who are interested in purchasing or selling real estate on the Spanish island of Mallorca.
Expert Opinion in the Spanish Real Estate Law
When buying or selling real estate in Spain, it is strongly suggested that you retain the services of an independent property lawyer who focuses on urban and land law. Your lawyer should be objective, meaning he or she will look out for your best interests and not those of the builder or real estate agent.
All parties engaged in the transaction should be well-versed in Spanish property law and aware that the conveyance process for Spanish properties differs from the UK system. Any lawyers, promoters, or real estate brokers that advise you to cut corners to increase earnings and save time should be avoided.
Spanish Notaries
The contract of sale or purchase can be prepared by a Spanish Notary public, who will also issue public deeds.
As the buyer, you have the option of using whatever notary public you like. The final purchase agreement and public deeds required by the land registration will be drawn up by a public Notary. If you’re purchasing a property in Mallorca, the buyers can select the notary they prefer.
When it comes to the legality of the documents you’re about to sign, a notary public is required by law to provide you with unbiased, cost-free advice. This means you should get their input on the contracts right away. You will have around three days from the moment the date for signing the contracts is scheduled to meet with the notary and get their advise on any issues related to the contracts.
Real estate brokers, developers, and British attorneys working in Mallorca.
Check their credentials if you plan on hiring a British lawyer, marketer, or real estate agent. Be certain to confirm the following:
- Possessing the necessary credentials to legally conduct business in Spain, including extensive relevant experience and a proven track record of reliability.
- Admitted to practise law in the United Kingdom.
- Expertise with regards to cross-border trade.
You should also verify the attorney’s registration number and compliance with local bar association guidelines if you know they are physically located in Spain. Among Lawyers’ Associations (Colegio de Abogados)
In addition, check that the attorney you plan to hire is covered by professional endorsement insurance. You should not sign anything or give the lawyer any money until you have independently sought legal counsel. You can identify local lawyers in Spain who are members of the Spanish bar association by using Property-Lawyers.com.
The British embassy cannot legally recommend an attorney, however they do provide a list of English-speaking attorneys licenced to practise law in the country as well as a list of English translators.
Locations of Mallorcan gestors (gestorias)
There are many people in Spain who hire ‘Gestors’ to handle their paperwork and other administrative tasks on their behalf. Only Gestors who have earned the title of Gestor Administrativo and been stamped with the GA kite mark are considered to be true professionals in the field. These gestors have the necessary credentials to deal with any documentation directly with the Spanish government. You may read more here on how to employ Gestors.
Conflicts over property and the need for legal representation
Anyone embroiled in a real estate dispute who lacks the financial resources to pay for a court hearing and case can seek for free legal representation. The European E-Justice Portal has more details on the subject. If you live in Spain, though, you can get free legal help through the local bar organisation.
To this end, you can look for a lawyer who specialises in your area of concern, such as a lawyer who handles compensation claims against private parties like banks, developers, or agents.
Translators
If you are not fluent in Spanish, you should have an impartial translation review any contracts and legal papers to ensure accuracy.
The Spanish Ministry of Foreign Affairs website features a directory of Spanish-speaking interpreters and translators who have been officially recognised as Accredited.
