What does a Notary do?

In Spain all deeds for properties are drawn up by public Notaries, these are qualified lawyers who have studied to become notaries. The end product of the visit to the Notary is the Escritura, a hard-back copy of the deed covered in official stamps signatures and writing. Signing with the Notary is the Spanish equivalent of “completion” in the UK.The Notary's main function is to lend authenticity and force of proof to the declarations of intent of the parties in the public instrument drafted in accordance to law. As an independent professional, the Notary advises the parties, notifies them of the legislation that is applicable to the transaction that they are trying to close, and draws up the contract in accordance with the wishes of both parties, and is thus a basic pillar of private legal security.
The choice of Notary corresponds, in principle, to the party that is to pay his fees, and if the seller is a professional or if the contract is signed under the general contract terms, the choice belongs to the acquirer.
Before the signing of the sale the Notary must ask the Property Registrar to issue a “Nota Simple” accrediting the legal registration situation of the home, which provides the buyer with true information of such situation on the same day as the purchase, thus avoiding potential unpleasant surprises at the last moment. If you need an English speaking Notary in Valencia, I can personally recommend Don Rafael Gómez-Ferrer in calle san Vicente: Tel +34 96 353 43 03.

 

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