Do you need a lawyer for buying a house?

Real estate agents often have no legal training. Although they can carry out some procedures to speed up the purchase and sale process (and thus collect their fees), the services they provide are in no case substitutes for the correct legal advice in which, perhaps, it is one of the greatest investments of their life. Always go to a lawyer for real estate sales.

As this is a purchase with a lot of money at stake, it is best to put yourself in the hands of professionals in the sector to avoid potential problems, such as property lawyers. If you’re buying a home, it’s important to get advice before you sign anything. Here we offer you some advice on important issues that should be taken into account in the private document.

What to pay attention to on a real estate contract

• Who signs for the selling side. When a promoter sells, it is signed by the director or proxy of the company. If it is a sale between individuals, all owners must sign, and if it is a community or family dwelling, both spouses must sign.

• State of housing charges. It is essential to check whether the house is free of charges, whether it has a mortgage, whether there are any liens on it, or whether there are any limitations in the statutes of the community of owners. You can ask the Land Registry directly for a simple information note or you can do it through a notary’s office. Sometimes it is necessary to ask the town hall for a certificate of urban legality in case there is any type of involvement that is not recorded in the Land Registry.

• Owners’ association fees. Before the purchase, make sure that the home is up to date with payments and expenses, since in some cases the law requires the buyer to take care of them.

• Price. Clearly determine the price and method of payment. Do not allow the fixing of a price lower than the actual price or pay undocumented amounts. This is against the law and may harm you.

When you sign the private contract, you usually give an amount as part of the payment of the total price or “down payment” known as a deposit – which binds both parties together. The most common are the penitential ones, which allow us to separate from the contract before the signing of the deed. If it is the buyer who cancels the agreement, you will lose the amount delivered, while if the seller does, you will have to return double what you received.

• Contracts are law between two parties.

• In private contracts no one intervenes to shape the business.

• Before you buy it is advisable to know what you are buying.

• The laws establish some minimum aspects, but it is advisable to make a much broader review and ask for guarantees from the seller.

Even if it’s not advisable, you can make a contract on your own, in fact, on the internet you will see models (with greater or lesser success, although only a professional who has been trained during 5 years of career and professional practice can differentiate them).