When purchasing real estate in Spain, the terms “lawyer” and “gestor” can cause some confusion. Although both play important roles, their tasks and responsibilities are quite different. In this blog, we explain the difference between a gestor and a lawyer in Spain and how to find the right professional for your situation.
What can a gestor assist you with?
A gestor is a typical Spanish administrative specialist who can help you with various practical matters. Here are the most common tasks where a gestor can support you:
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Applying for a residence permit
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Obtaining a NIE number
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Opening a Spanish bank account
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Handling paperwork as a self-employed person and managing social security
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Filing your tax return
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Correctly reporting rental income
IMPORTANT: It is crucial to know that a gestor cannot provide legal advice, as they are not qualified lawyers. While they can fill out your tax return, they are not accountants and therefore cannot offer detailed tax advice or calculate your taxes. A gestor’s focus is on basic administration and practical support.
How is it different from a lawyer?
A lawyer in Spain has a completely different role than a gestor. Lawyers provide legal advice and are responsible for the legal aspects of real estate transactions. They carry responsibility and are civilly liable for their work.
When purchasing a property in Spain, a lawyer performs tasks similar to those of a notary in the Netherlands. They ensure that both the property and the owner are legally sound to prevent any unpleasant surprises. This includes:
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Verifying that the seller is the legal owner of the property
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Ensuring the property has the correct permits
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Checking if there are any tenants in the property
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Confirming that the property is not involved in any debt settlements
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Verifying that the property is insured, especially for new builds
By hiring a lawyer, you ensure that your purchase is legally well arranged and prevent potential problems in the future.
How to find a gestor and/or lawyer?
At Your Destinations, we have an extensive network of reliable gestors and lawyers who can assist you in any situation. It is important to note that the need for a lawyer or a gestor may vary by region in Spain. We can advise and support you in this process, ensuring that you always have the right professional by your side during the purchasing process.
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