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Giving Aborgado Power of Attorney

Posted: Mon Jul 13, 2020 5:46pm
21 replies530 views9 members subscribed
Anne2019

Anne2019

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We're moving to Spain on the 17th July.   We've arranged to see an Abogado.  In her email she advises we sign a Power of Atorney in order to deal with our NIEs; a house purchace; Residencia etc,.   Is this an advisable thing to do.   Obviously we want someone legally qualified to guide us through the process.  Thanks in advance.  Anne.

PeterC

Posted: Mon Jul 13, 2020 6:08pm

PeterC

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Posted: Mon Jul 13, 2020 6:08pm

It depends how trusting you are....the power of attorney can be limited to giving access to some things rather than everything. If you go ahead then make sure you get the papers back and get a notary to rescind the PoA.

Malibucindy

Posted: Mon Jul 13, 2020 9:13pm

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Posted: Mon Jul 13, 2020 9:13pm

Hi Anne, we visited in Feb to look at properties and actually made a purchase. We used the solicitor recommended by the estate agent. We gave her power of attorney to do everything.... open a Spanish bank account, N.I.E numbers , open accounts for electricity and water services etc. Our sale actually completed today and everything went very smoothly.  Also used a solicitor about 20yrs ago to act as power of attorney as well and again we had no problems what so ever. Good luck with your move. 

PeterC

Posted: Mon Jul 13, 2020 11:56pm

PeterC

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Posted: Mon Jul 13, 2020 11:56pm

I would never use a solicitor recommended by the estate agent. What happens if there is any dispute between you and the agent? You should get an independent abogado IMHO.

Anne2019

Posted: Tue Jul 14, 2020 1:08am

Anne2019

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Posted: Tue Jul 14, 2020 1:08am

PeterC wrote on Mon Jul 13, 2020 6:08pm:

It depends how trusting you are....the power of attorney can be limited to giving access to some things rather than everything. If you go ahead then make sure you get the papers back and get a notary to rescind the PoA.

Thanks, as long as we can recind perhaps it might be a good temporary arrangement.  anne.

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Anne2019

Posted: Tue Jul 14, 2020 1:10am

Anne2019

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Posted: Tue Jul 14, 2020 1:10am

Malibucindy wrote on Mon Jul 13, 2020 9:13pm:

Hi Anne, we visited in Feb to look at properties and actually made a purchase. We used the solicitor recommended by the estate agent. We gave her power of attorney to do everything.... open a Spanish bank account, N.I.E numbers , open accounts for electricity and water services etc. Our sale actu...

...ally completed today and everything went very smoothly.  Also used a solicitor about 20yrs ago to act as power of attorney as well and again we had no problems what so ever. Good luck with your move. 

Thank you so much.  Wishing you every possible happiness in the future.  Anne.

Malibucindy

Posted: Tue Jul 14, 2020 10:59am

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Posted: Tue Jul 14, 2020 10:59am

Anne2019 wrote on Tue Jul 14, 2020 1:10am:

Thank you so much.  Wishing you every possible happiness in the future.  Anne.

Thankyou Anne. 😎

Malibucindy

Posted: Tue Jul 14, 2020 11:06am

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Posted: Tue Jul 14, 2020 11:06am

PeterC wrote on Mon Jul 13, 2020 11:56pm:

I would never use a solicitor recommended by the estate agent. What happens if there is any dispute between you and the agent? You should get an independent abogado IMHO.

The solicitor we were recommended is independent.  No problems what so ever... 

Mags44

Posted: Wed Jul 15, 2020 12:55am

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Posted: Wed Jul 15, 2020 12:55am

PeterC wrote on Mon Jul 13, 2020 11:56pm:

I would never use a solicitor recommended by the estate agent. What happens if there is any dispute between you and the agent? You should get an independent abogado IMHO.

There is a finite number of solicitors in most areas of Spain, who speak adequate English and understand the British mentality and most of these are the ones recommended by estate agents for their English-speaking clients. Yes, you could probably search around for one who doesn't but the chances are, that his/her Spanglish and lack of working with British and Irish clients, would more than likely become a nightmare for you. The last 10 years of my 33 years' working life in Spain, was in real estate and I found that the British generally hope that buying a property would be done in more or less the same way as it is done "back home" but Spain isn't the UK and things are done quite differently here and this can be quite traumatic for some people who don't speak the language and don't understand what is going on around them. If you have chosen an estate agent and trust him or her enough to buy a house from them, why would you not trust his or her suggestions for a solicitor or a bank or all the other things that you will be needing once your become a home owner? If you don't trust your estate agent - don't buy a property from him! Most of the other agents in the area will also have that property on their books, so choose a different one.

Anne2019

Posted: Wed Jul 15, 2020 12:58am

Anne2019

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Posted: Wed Jul 15, 2020 12:58am

Mags44 wrote on Wed Jul 15, 2020 12:55am:

There is a finite number of solicitors in most areas of Spain, who speak adequate English and understand the British mentality and most of these are the ones recommended by estate agents for their English-speaking clients. Yes, you could probably search around for one who doesn't but the chances ...

...are, that his/her Spanglish and lack of working with British and Irish clients, would more than likely become a nightmare for you. The last 10 years of my 33 years' working life in Spain, was in real estate and I found that the British generally hope that buying a property would be done in more or less the same way as it is done "back home" but Spain isn't the UK and things are done quite differently here and this can be quite traumatic for some people who don't speak the language and don't understand what is going on around them. If you have chosen an estate agent and trust him or her enough to buy a house from them, why would you not trust his or her suggestions for a solicitor or a bank or all the other things that you will be needing once your become a home owner? If you don't trust your estate agent - don't buy a property from him! Most of the other agents in the area will also have that property on their books, so choose a different one.

Thank you, Mags.  We chose this aborgado ourselves.  No estate agent is involved just yet.  But the advice is noted.

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