The role of the notary in Spain.
The notary occupies an essential place in any real estate transaction in Spain. His intervention is mandatory to authenticate the deed of sale and guarantee the legal security of the operation.
Contrary to popular belief, the Spanish notary does not accompany the buyer as a real estate agent or a lawyer can. His role is above all to ensure the legality of the sale and to verify that all the conditions are met for the signature.
What is the role of the notary in Spain?
The notary is a public officer responsible for authenticating legal acts.
· Verify the identity of the parties.
· To check their legal capacity.
· Ensure that the necessary documents are gathered.
· Draw up and authenticate the deed of sale (Escritura Pública).
· Formally record the transfer of ownership.
· Verify the identity of the parties.
· To check their legal capacity.
· Ensure that the necessary documents are gathered.
· Draw up and authenticate the deed of sale (Escritura Pública).
· Formally record the transfer of ownership.
Does the notary defend the interests of the buyer?
No. The notary is completely impartial. He represents neither the seller nor the buyer.
What does the notary check before signing?
· Title deeds.
· Land registry information.
· Any charges or mortgages.
· The necessary administrative authorisations.
· Land registry information.
· Any charges or mortgages.
· The necessary administrative authorisations.
How does the signing take place?
The notary reads the deed of sale, verifies that the parties understand their commitments and then collects the signatures. The buyer becomes the owner and the keys are usually handed over.
Does the notary take care of all the procedures?
No. The payment of taxes, registration in the land registry and certain administrative formalities are carried out after signing.
Can you choose your notary?
Yes. In Spain, the buyer is free to choose the notary in charge of receiving the deed of sale.
Why be accompanied despite the presence of a notary?
The notary guarantees the legal security of the sale but does not advise the buyer on his project. Independent support allows us to defend your interests and coordinate the various stages of the purchase.
FAQ
Is a notary mandatory in Spain?
Yes. All real estate sales are formalized before a notary.
Does the notary represent the buyer?
No. He is neutral and impartial.
Can I choose my notary?
Yes, the buyer is free to choose it.
Does the notary check that everything is in order?
Yes, it checks the necessary legal documents.
Does the notary take care of all the formalities?
No, some steps are taken after signing.
Is a notary mandatory in Spain?
Yes. All real estate sales are formalized before a notary.
Does the notary represent the buyer?
No. He is neutral and impartial.
Can I choose my notary?
Yes, the buyer is free to choose it.
Does the notary check that everything is in order?
Yes, it checks the necessary legal documents.
Does the notary take care of all the formalities?
No, some steps are taken after signing.
Are you preparing to buy a property in Spain?
We support you at every stage of your project and work in coordination with the various stakeholders to ensure that your acquisition takes place in the best conditions.
Contact Immo Consulting Brokers to benefit from personalized support throughout your purchase.
Contact Immo Consulting Brokers to benefit from personalized support throughout your purchase.
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