Getting a high quality, independent overseas property lawyer is essential if you’re planning to buy a property abroad this summer.  That’s the advice from the News of the World who recently published a guide for Brits looking to buy a foreign home.

As well as stressing the need to identify the seller and to be realistic with your budget, finding a good quality overseas property lawyer was the number one piece of advice.

Get an independent overseas property lawyer on your side

The newspaper highlights the importance of finding a good overseas property lawyer when buying a foreign home.  It’s vitally important that you use an independent lawyer rather than one that has been appointed by the estate agent or by the developer as otherwise you may not have someone working exclusively on your side.

There are lots of good quality overseas property lawyers based in the UK who specialise in the country where you’re buying and who also speak the language. 

The News of the World also highlights the confusion many buyers have when offered the services of a notary.  ‘Many people also make the mistake of thinking a notary (who you may also have to pay) is a substitute for a lawyer. Notaries work for the government and will oversee the transaction to ensure that it’s done properly – but they won’t offer advice or warn you about unfair clauses in the contract.’

Be careful what you sign

The newspaper also advises that you ask your overseas property lawyer to check any contracts or paperwork that you are requested to sign.  As the guide says, ‘don’t confuse the preliminary contract with the reservation agreement.’

A reservation agreement is where you may pay a deposit in order that the developer takes the property off the market.  You can withdraw from the purchase although you may lose your deposit.  The preliminary contract, however, legally commits you to buying the property.

Make sure any paperwork is thoroughly checked by your overseas property lawyer before you sign.