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Thread: Spanish property sale

  1. #1
    Junior Member
    Join Date
    Jul 2017
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    Question Spanish property sale

    Good day to you all,
    My question comes to this forum from an unusual situation, My father died 22 years ago without making a will (foolish), his property here ended up in the hands of his former partner having her name on the mortgage but having left him already prior to his death (grrr). Ok that's history, he also owned a Spanish apartment which, thanks to Spanish law, remains partially owned (50%) by myself and my brother.
    Neither of us has ever visited the property and I am struggling to remember where it is situated in Spain. I have now had a message from my fathers former partner stating that the property is rarely used and that it would be prudent to sell it. The proposal is that the costs and the value should be shared, which is agreeable. The message states that the partner has spoken to a solicitor who can handle the sale but needs my power of attorney to do so, not wishing to get conned or ripped off I would like to ask if this is the usual protocol for sale of property in Spanish law?
    No meetings or agreements, verbal or otherwise have been entered into as of yet and I would like to enter these with some knowledge from people of experience.
    Any advice is gratefully received even if its just go and pay for it with ..............Solicitor A or solicitor B

    Thanks in advance
    Chris

  2. #2

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    Hello

    You can both share the same lawyer, as long as there isn’t any conflict of interest between you and your fatherīs ex-partner.

    It is quite usual for foreigners living outside Spain, to grant a POA to a solicitor that can represent them in the transaction, but it is not mandatory; you can appear in person at the Notary in Spain.

    We recommend you to ask the lawyer to keep you informed of all the steps he takes and that nothing is agreed or signed without your previous consent and authorization.

    If you do not trust the lawyer your fatherīs ex-partner has chosen or you just donīt trust her, you should consider hiring another lawyer for you that is able to work hand in hand with her lawyer.

    Regards,
    Patricia Martin
    Legal Assistant at Lawbird
    Check My Profile

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