Yes you should use a lawyer.  Amazingly, almost 50% of all properties bought in Spain by foreign nationals over the past 20 years have been purchased without the assistance of a lawyer - now you know why there are so many horror stories.

As with anything, you get what you pay for with lawyers.  We have dealt with clients in the past that have found a fixed rate lawyer on the Internet who only charged 800 Euros.  Needless to say, they didn’t do a particularly good job and even had the cheek to ask us to do the necessary searches for them - it was only after we had pointed out that we had no legal obligation to act in the clients interests and could easily hide or disguise anything untoward that they agreed to do it themselves.

Ideally you need a lawyer that is English speaking and based locally as they will know the specific planning restrictions in the municipality that you are purchasing and will often go in person to speak to the local town hall and registry office.  It also makes sense when it comes to signing deeds as they will have to be present in the local Notary’s office on the day.

Expect to pay between 1% and 1.5% for a good lawyer.  The range of services included in this fee will vary from practice to practice but you should expect it to include:

• All necessary property checks.
• Checking and amending the Private Purchase Contract.
• Attendance at signing of Title Deeds
• Liaison with the vendors solicitor, Notary, Land Registry, Estate Agent, and if appropriate, Mortgage provider and Developer.
• Translation of important documents
• Setting up or transfer of utilities into your name
• Advice on tax and legal matters

Other services that they normally offer and may or may not be included in their standard fees are:

• Opening a bank account
• Setting up standing orders and direct debits
• Obtaining an N.I.E.
• Obtaining a residents card
• Drawing up a Spanish will

We are more than happy for you to find your own lawyer but can also recommend a number that we have worked with in the past and for whom we have received positive feedback.