Q: Do I need an International Lawyer?

Lawyers;

Before choosing a property a getting caught up in the buying process, you should try to have some arrangements in place. Better to have mortgage funding in place than to find a property with fabulous investment potential and then watch it being snapped up as you stand by waiting for your bank manager to made a decision. Making preliminary contract with a layer will also save time and preserve you from hours spent deep in the European countryside trying to find a lawyer through the local language version of the yellow pages.

The process of seeking advice should begin before you find a property. And of all the advisors that you will need, an English-speaking solicitor familiar with local conditions should be top of the shopping list. A good solicitor will ensure that the property title is sound, that you will not be liable for unpaid taxes or charges on the house and that the purchase runs smoothly.

A good lawyer should be seen as an investment, not an unnecessary indulgence. In particular, you should never sign anything until an official translation has been checked by your lawyer. Although the majority of agents are honest, if you sign a contract while unsure of the contents you may be committed to arrangements that you don’t understand, which may impose unfair terms and will not be designed for your benefit.

To paraphrase Mae West, a good solicitor is hard to find. If you are looking for a lawyer in the country where you hope to buy at the very least you should try to find someone on personal recommendation. Use an untrustworthy or negligent lawyer abroad and you may find yourself stuck with large financial liabilities, no house, and a lack of legal redress. The Laws governing solicitors varies widely. In some jurisdictions lawyers may not even be obligated to keep money entrusted to them separately from their own!

International Law firms;

As a more expensive but secure alternative, a number of solicitors in the UK specialise in international property transactions. This gives you redress under UK law should anything go wrong; firms will carry heavy indemnity insurance to protect buyers in case of any negligence. The Law Society maintains a database of English-qualified solicitors working abroad and foreign lawyers working in the UK.

Whether you opt for a home or locally based law firm is very much a matter of preference. As is often the case, the decision boils down to the relationship between cost and risk. A local lawyer will probably be cheaper – but local law may allow you no redress in case of incompetence of negligence. How much risk you are prepared to accept is entirely up to you.

Deciding where to look for your lawyer should also be influenced by the level of risk in the market where you are looking and the amount that you are preparing to spend. As a general principle, any purchase above £50,000 may warrant using a lawyer at home, or at least using a local lawyer recommended by a credible agent. It is sometimes said that lawyers in any EU country should be reliable. Unfortunately, the distinction isn’t this easy. For some reason the problems are most often reported in Spain, although this may reflect the number of transactions rather than the relative competence of Spanish lawyers.

Aside from the greater feeling of security, international firms may offer a service better tailored to the needs of people buying across borders. Lawyers will either be bilingual or qualified translators will be kept on hand. Either way, no room will be left for ambiguity about the meaning of legal terms and responsibilities. International firms are also better placed to understand which aspects of a legal system are apt to confuse of mislead overseas buyers, and will be used to explain the process from beginning to end.

Against this, an international firm will lack the close personal knowledge of an area that a local solicitor will provide. However, close personal knowledge can be too close and too personal: you should avoid using a lawyer recommended by or associated with a developer. One of the developments in international property has been the increased number of developers offering legal services as part of a comprehensive package. Nine times out of ten, this service is honestly meant and carried out, but no one wants to be the tenth person. Whether you look for a lawyer abroad or at home, you want to find someone who has your best interests, rather than those of the developer, at heart.