A PLACE IN THE SUN COLUMNISTS: AMANDA LAMB
“You will find some developments offer ‘free legal advice’ or ‘all legal fees included’, but, as tempting as this might sound, my advice would be to say a big no - find someone independent”
B
uying a property abroad can be an incredibly rewarding and life-enhancing experience, but it can also be fraught
with danger. I’ve always maintained wherever possible never do anything when buying property abroad that you wouldn’t do in this country. In the past 12 years of presenting A Place in the Sun and being involved in the foreign property market, I have to be honest and say I haven’t come across many horror stories (although I know they exist), but the few I have come across all have a similar theme. The main problem I have found, and
the one I come across time and time again, is the matter of getting good independent legal advice. I don’t know many people in this
country who would dream of buying a property here without visiting a solicitor, but you would be gobsmacked if you knew the number of people who do just that abroad. One of the biggest problems of buying abroad is that some countries have rather draconian laws when it comes to foreigners investing. There can be problems with boundaries, issues with the deeds,
sometimes there are several members of the same family who all have a part- ownership in the house, and they all have to agree to sell before you can buy – which can take years. Then, of course, there are
developers taking some of your money as a deposit, then leaving or going bankrupt before your house/ apartment is fi nished. These are all things I’ve come across a few times, and if you have no lawyer you will fi nd yourself in serious trouble. Hiring a lawyer abroad is not as
simple as it seems. The fi rst rule of thumb is never, ever use a lawyer who an agent or developer has recommended. You might be lucky and end up
with a decent, honest developer/agent, but what if you’re not? What if the developer/estate agent
and lawyer are in cahoots and have set up a scheme to fl eece as many foreigners as they can before they move onto the next town? I would hate any of you to fall victim to that. I hate to sound so cynical, but you
really have to go into this with your eyes open and your wallet shut until you are completely happy and satisfi ed.
You will fi nd some developments
offer “free legal advice” or “all legal fees included”, but, as tempting as this might sound, my advice would be to say a big no. Again, a not-so-honest developer could have their “legal advice” on the payroll, and if anything did go wrong there would be no comeback for you whatsoever. So how do you go about fi nding
a lawyer who will be on your side? There are several ways. In this magazine, we regularly
feature legal experts [see page 78, for example], but A Place in the Sun exhibitions also have several law fi rms who all work independently and are not tied to any one developer or agent. I found my legal team who helped
me to buy my home in Italy a few years ago at an A Place in the Sun exhibition. You can always check with the Association of International Property Professionals (
www.aipp.org.uk), which has legal companies signed up to its code of conduct (along with developers and agents); plus British consulates in various countries, such as Spain or Cyprus, have a list of legal representatives who they recommend. Or word of mouth is always a good
starting point. Expat forums can be extremely helpful in telling you who to avoid or who to use, or if you’ve found the place you want to buy ask any local expats you fi nd living there who they would recommend. Getting good independent legal advice might cost you a bit more in the short term, but, believe me, it is so worth it in the long run. It means you’ll sleep easy in your
idyllic place in the sun and really enjoy your purchase.
Ë SEE AMANDA LAMB AT A PLACE IN THE SUN LIVE! AT NEC BIRMINGHAM, SEPTEMBER 28-30 2012 22
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