Town houses.

Hi Beverly59

We too are 59yr old cpl who are looking to buy in that area. We are going over next week to look at some properties. we will have to compare tips and notes.

Good luck and let me know how things go

Sandra and Neil 

Hi Sandra and Neil,

Thankyou for your message.

We would love to share our experiances,

Hope you have a great trip.

Regards

Beverley and Rein

Hi Beverley & Rein,

Buying property in Spain safely is not easy.

There are many pitfalls to encompass.

The ukgov website covering moving and buying in Spain ( sorry we are not allowed to give actual web links on this forum) covers all these pitfalls and advises how to go about it.

Also I print below my advice which hopefully will aid you.

We made mistakes when we moved permanently to Spain 8 years ago.

Took the advice of a well known Estate Agent - con merchants, used the Lawyer recommended by them - we lived in the house illegally apparently as we did not have a Habitation Licence. We found out two year's later. Fortunately a new found friend who worked at the local Townhall tracked the First Habitation Licence for us. You can get ejected and heavily find for occupation if caught.

What type of property you buy makes no difference to the risk.

Talk to other occupiers when viewing, ask them whats wrong with the property/ area.

Most residents will tell you all the problems.

However 8 years on we love living in Spain and have never been back to the Uk with no plans ever to.

Here is my advice:

Buying Property : What Documents are needed

If you are buying property you need the Ecritura (Deeds) and The Habitation Licence issued by the Townhall.

Lots of properties are being sold by Agents and their " recommended solicitors who usually are no more than conveyancer's " which do not have Habitation Licences and in these cases probably never will ( beware urbanizations like  Camposol for instance)

Without a Habitation Licence you cannot legally live in the house you have just parted with your hard earned cash.

In fact you can face a massive fine by the Town hall for living in your house without a Habitation Licence.

Agents in the process to sell property will tell you anything, like the Habitation Licence has been applied for or even a licence is not necessary and they will usually recommend using their 'lawyer' which on most occasions is just an unlicensed conveyancer to cover their incorrect advice's.

However : Do not use their Lawyer find your own.

Any Lawyer in Spain should be able to give you their Registration Number from their area Colegio of Lawyers (equivalent of the English Law Society).

If they cannot or will not give you their Registration Number walk away.

They are guilty of a criminal act and should be reported.

Never never never buy a property without knowing and seeing the Habitation Licence.

Promises of obtaining such document should be ignored. They are false.

Whoever tells you such is talking nonsense, irresponsible, illegal and conning you - walk away.

They would be conning you to sell the property, which is all they are interested in and they know it. However pleasant they seem they are not your friend.

Beware if you think you need to pay a deposit, or you are asked to pay one by an Agent to reserve your dream property.

NEVER ever give a deposit to the Agent.

ONLY your own Solicitor.

If you pay a deposit to an Agent you are committed to contract which will cost you to cancel even if you find out the build is not legal.

So what do you do?

Ignore the Homes in the Sun scenario.

Do not rush.

Find a proper registered Solicitor first before you part with cash.

Take his advice and if he advises that the paperwork is all in place then go ahead and pay the deposit to him.

He will ensure your property is reserved for you even prior to paying a deposit.

He will only part with a deposit when contracts have been agreed and signed prior to exchange, assuming he agrees all documentation is to hand.

When viewing ask if the property has any debts attached to it and if it has a Habitation Licence.

Your Solicitor will definitely ask these questions.

However to save your time and costs  if they do not say YES walk away. You are likely being conned.

Rest assured every Agent asks these questions if you put your property up for sale with them.

Finally only take legal advice from a proper qualified legally registered Lawyer as I described earlier.

Trust this helps,

Good luck, regards Al

Hi.  Do not be too alarmed by people saying it is difficult to buy in Spain.  We bought 3 years ago and had no problems.  We had a great Estate Agent and a fantastic Lawyer who made the whole process run smoothly.  You will hear many different experiences but do not be put off as with the right people helping you it can be fairly easy.  Likewise it can be a nightmare with the wrong agents.  Good Luck.  Alison

Thankyou for your support Alison, thats really reassuring.

Regards

Beverley

Hi Al,

What a wonderful reply.

You clearly know the pitfalls and your advice is really valuble.

Thankyou for taking the time to help us.

Regards

Beverley and Rein

Hi both, you are welcome.

I am sure with all the advice and experienced offered you will not make the mistakes others have made. 

Its not luck, trust no one, ask the questions, do not rush into anything and most important is a good "Spanish" Lawyer.

Don't be afraid as most speak English and NEVER use an agents conveyancer or trust their recommendation. 

Best regards, Al

Good luck for the future, regards Al

Some of the earlier posts might be considered alarmist. Yes you do have to be as careful as you would be in the UK, but we have bought 2 properties in the last 3 years with no problems (one a townhouse in Palomares to rent out and the other our holiday home in Los Gallardos). We did come across a couple of estate agents who were well-known but didn't act ethically. But in the end found Paul Fullard at Next Stop Almeria and we bought both properties through him. We also took his advice on the lawyer to use: Maria and Esther at Mundi Abogados. We have been entirely satisfied with the independent service they have provided and they are now handling our wills and residencia for us and our children. Additionally the advice on tradesmen and suppliers from Next Stop Almeria has been first class and we are still using the same people 3 years on.

The old situation of 8 to 10 years ago where you wouldn't trust the advice of an estate agent and they and the lawyers were hand-in-glove for their own benefit doesn't really happen now and there are many ethical estate agents who will recommend perfectly good lawyers.

So take the doom and gloom merchants seriously but don't be frightened and make your own mind up. If you don't feel comfortable with an estate agent or lawyer, or what they says seems too good to be true, then find another one. Those of us on the forum always have recommendtions for ethical people to use. There is no reason why your purchase shouldn't go through smoothly and successfully, and I hope it does.

Rob
Los Gallardos/Palomares

I was interested in your post as we used the same estate agent and lawyer as you and as per my earlier reply had a very easy transaction with great ongoing advice from Paul and his team.