Notary or lawyer: who do you need when buying abroad?

In your home country you may be used to one professional who "does the paperwork". Abroad the roles are split differently, and a buyer who assumes that the notary is looking after him can end up with nobody looking after him at all. This guide explains who does what in the two broad systems, how to make sure someone is on your side, how to check a lawyer, and what a fee agreement should say. It is informational, not legal advice, and each country has its own rules, so the descriptions below are general and should be confirmed locally.

Two models

Civil-law notary countries. In Spain, Italy, France, Greece, Portugal and Bulgaria, the transfer of real estate normally happens in a deed drawn up or authenticated by a notary, who is a public officer. In Bulgaria and Greece a notarial deed is required for the transfer to be valid; law-firm sources for the other countries describe the same practical rule. The notary checks identity and capacity, reads the deed, checks the registry entry, collects taxes in some systems and sends the deed for registration. The notary is meant to be impartial. That is the point: the notary is not your advocate. They will not negotiate for you, will not necessarily tell you that the price is too high, and are not there to catch every commercial weakness of the deal.

Common-law style countries. In Cyprus, the UAE (Dubai in particular) and the UK and Ireland, the contract is normally negotiated and prepared by lawyers (solicitors, advocates), and a state registry (a land registry or the Land Department) records the transfer. The lawyer is a central figure. In Cyprus a buyer's lawyer typically searches title, drafts or reviews the sale contract, and deposits it at the District Lands Office; in Dubai, brokers and trustee offices handle parts of the process, and the buyer's own lawyer matters more because the seller side is often well staffed. Details differ by emirate and by whether the property is off plan or resale.

In both models the useful question is: who exactly is paid to protect me?

The lawyer you need

Whatever the system, hire your own independent local lawyer who works for you. The usual tasks:

• Checking title, encumbrances (mortgages, liens, seizures), building permits and the legal status of the plot or unit.
• For a new build, checking the developer, the licence, the guarantees and how your deposit is protected. See pre-purchase checklist and, for Thailand, due diligence and scam checklist.
• Reviewing or negotiating the reservation and sale contracts, including what happens to your deposit if the checks fail.
• Obtaining tax numbers, arranging payments, and being present or acting under a power of attorney.
• Following the registration until you hold proof of ownership.

Independent lawyer or the seller's lawyer

It is common for a developer or a seller to propose "our lawyer, who will handle everything for both sides". Be careful. A lawyer who acts for the seller, or is paid by the developer or the agent, has a conflict of interest if they also advise you. In some places one lawyer can lawfully act for both parties with their written consent; that does not make it a good idea. Signs of a conflict:

• The lawyer was introduced by the seller, the developer or the agent and is paid by them, or by commission linked to closing the deal.
• The lawyer will not speak to you directly or sends only a short "all fine" message.
• The lawyer discourages searches, or the translation of the contract.
• The agent insists on one lawyer or one account for payments.

Pay your own lawyer yourself and insist on written confirmation that they act for you only. If you need introductions, ask the independent bar association or a source with no commission stake. Our platform coordinates independent local lawyers; you contract them directly.

How to check a lawyer

• Confirm the licence in the bar register. The national or regional bar association of the destination country usually publishes one (for example the Cyprus Bar Association, the Spanish and Greek bar bodies). The Council of Bars and Law Societies of Europe links to national bars, and the European e-Justice portal has a section on finding a lawyer in each member state.
• Ask for the name of the individual who will do the work, not just the firm, and for the date of admission.
• Ask whether they hold professional indemnity insurance and for how much.
• Ask for references that you can call; do not rely on testimonials on the lawyer's own website.
• Check for disciplinary notes if the register provides them, and whether the lawyer speaks a language you can use for important decisions.
• Check the notary in the same way through the notary chamber where one exists.

Fees and the fee agreement

Fee structures differ: a fixed fee, a percentage of the price, an hourly rate or a mix. Some countries have a regulated notary tariff and registration fees set by law; others do not. We do not quote typical percentages because we could not verify current figures for each country, and the answer depends on the deal. Instead, ask for the following in writing before you pay anything:

• Who the client is, and a statement that the lawyer does not act for the seller, the developer or the agent.
• The exact scope: due diligence, contract review, attendance at signing, registration, tax number, bank opening.
• The total price including VAT, and what is excluded (notary, registry, taxes, translations, travel).
• How and when you pay, and whether any part is held until registration.
• What happens if the deal falls through: what is refundable and what is not.
• Whether the lawyer receives anything from third parties (an agent commission, a developer fee). The answer should be no, or it must be disclosed and agreed.
• A named person and a deadline for the report.

See also the full list of costs in total cost of ownership abroad.

FAQ

Is the notary enough? Not if you want someone to advise you. In notary systems the notary is impartial and serves both parties and the law. Should I trust the developer's lawyer? We advise against it; use your own. Can the same lawyer represent the buyer and the seller? Some systems allow it with consent, but it is a conflict of interest and not advisable for a non-resident. Do I pay the lawyer before the deal? Agree the payment schedule in writing; avoid paying the entire fee in cash or to a personal account. Do I need to go in person? Usually not, if you have a clear power of attorney and a lawyer you trust.

How we help

We are a trilingual platform that finds properties and coordinates independent local lawyers and tax advisers. We help you brief the lawyer in your language and keep the sale side and the advice side separate. This text is informational and is not legal, tax or investment advice; verify current rules with the bar association, the notary chamber or a licensed lawyer.