For the purchase of the property to be registered in the Land Registry, it is necessary to conclude the purchase contract in the notary. For this purpose, a private purchase contract can be authenticated in the presence of both contracting parties, and the purchase contract can be added directly in a notarial deed.

Differences from the private purchase contract:

For the notary to be able to register a purchase contract, he is obliged to document all payments over €10,000. If the purchase is only processed in a private purchase contract, problems can arise quickly.

Another disadvantage of the private purchase contract, in case of conflict, is that there is no reliable evidence on the date and the signer. If the other contracting party denies that he or she signed the contract or that it was not signed on the mentioned date, in many cases it is necessary to commission a calligraphic expert test in Court, which often does not produce clear results. However, if the purchase contract is registered in front of the notary from the beginning, all signatories have to identify themselves. The notary publicly certifies the identity of the signatories and their legal capacity.

Proof of payments:

To avoid fictitious purchases and money laundering, the notary is obliged to document in writing all transactions that exceed €10,000.

In most cases, payment of the remaining purchase price is made by bank check. The buyer's bank issues a money order to the seller, which is delivered to a notary. In this case, the notary will attach a copy of the check to the notarized deed of purchase to document the payment. Even if it is not common, payment can also be made directly by bank transfer.

Due to the stricter laws to prevent money laundering and various incidents in some law firms, direct payment between buyer and seller is clearly recommended today.

 

Bilingual contracts and sworn translators:

The skills of foreign buyers are often not enough to understand a sales contract that is only written in Spanish. Since the notarial deed of sale need to always be written at least in Spanish, there are basically two ways to register it between the contracting parties with different languages:

a)     Bilingual notaries:

If the Spanish notary also speaks a language other than Spanish, he may sign a bilingual contract, or he may reproduce the content directly in that language.

b)     Sworn Translators or Interpreters:

The most used solution is to hire a translator or interpreter to go with you for the notarial appointment and translate the notary's statements into your native language. Even the translator may not necessarily have to be a sworn interpreter, it is strongly recommended that the translator have a recognized degree or be a bilingual legal expert (lawyer, authorized representative, etc.). It is also recommended that you review the contract in advance and clarify any questions before sign.

Notarial appointment:

In Spain, it is generally advisable to trust your lawyer when choosing a notary.

As soon as the notary has made copies of your identification cards and NIE certificates, they generally ask for your address, your marital status, profession and, if applicable, your marriage status.

In Spain, there are different marriage status:

·         Community of property.

·         Separation of property.

·         Participation of property.

Once all the above information has been collected, the identity process of the parties involved begins by comparing the identity cards with the attached copies. Once all the parties have been identified, the notary reads the most important points of the purchase contract and, if necessary, provides certain information about the payment of the corresponding taxes. If an interpreter is included, he will translate the notarized deed of purchase in advance, as well as all instructions given verbally by the notary.

After reading the deed, everyone involved signs it and, if necessary, the bank check is delivered. Generally, you can pay the notary's fees directly in cash or by credit card and you will immediately receive a simple copy of the deed. With this simple copy, you can now add water and electricity.

Depending on the notary, the issuance of the original deed takes up to a week. You or your lawyer will be notified directly by the notary. If you received the original deed, you must seal it by paying the tax.

From our law firm, we will be happy to help you analyze your specific case, carry out the necessary administrative acts for you and we will also be happy to present you with the corresponding tax returns. If you are interested or have specific question on the subject, we are available by email or phone.

Autor: 

María Santos Acedo
Lawyer & Partner
m.santos@sspartners.es
Tel: (+34) 951 12 13 06
Tel: (+34) 951 12 00 69
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