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How can I proceed if I encounter difficulties when collecting the deeds from my lawyer?

Civil Law

Antonio Flores Vila

12th of November 2002

Q. After buying a property a year ago here in spain. we have done everything possible to get our deeds from our lawyer, but he never replys to us. Now we wish to sell and buy another propery but we cant without having the deeds. How can we get them from the lawyer.

Anonymous

    A. Dear Sir,

    The situation you expose in your query is certainly one in which another lawyer cannot really help you, unless you decide to appoint one to deal on your behalf.

    However, I can suggest trying again, with insistence, failing which you may want to seek legal advice elsewhere to deal with the situation. In any case, if you wish to sell your property, you can do so without the original deed, as a ´copia simple´, or original copy from the Notary´s office would do the job. Some Notary Public offices are still reluctant to allow you to sell without presenting them the original, but this is seldom the case due to the communications between Notary and Land registry, which enables the former to identify the owner clearly.

    What you will definetely need is the paperwork associated with the deed, i.e. Notary and Land registry invoices, Tax receipt and some other bills proving outgoings, which are necessary for the purposes of offsetting them against a potential capital gains liability. And if these are with the lawyer, then you need to insistently ask for them.

    If you need more help, do not hesitate to contact us.

    Yours faithfully



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