In this article I have attempted to explain the role of the Spanish Notary.
The Spanish legal system is very different from the UK system where the concept
of ‘Public’ and ‘Private’ documents does not exist.
I have overheard many British people saying ‘it’s all okay because
we signed before a Notary’. Unfortunately this is not necessarily the
case.
Becoming a Spanish Notary is without doubt one of the most difficult posts
to attain. Many years of study are required and competition is intense. Their
role varies according to the particular transaction and the documents to be
signed. With regard to buying a property, no sale of property in Spain is valid
without the presence of a Notary. The Escritura (Title Deeds) must be signed
before the Notary in order that they can be registered at the Land Registry.
The Notary’s role is to ensure the legality of the sale, to certify the
presence of all the papers and identity of the people required by law to be
present and ensure that property buyers or sellers who do not speak Spanish
understand the nature of what they are signing.
Equally there are a number of other documents that must be signed before a
Notary in order to be legally enforceable in Spain. For example a power
of attorney must be signed before a Notary, and the same applies to a Spanish
Will. The formation of a limited company must also be signed before a Notary
whose fee will in each case be fixed according to a set scale.
However,
the Notary is not there to advise you and is not obliged to check the work
performed by your own lawyer, adviser or agent.
To illustrate how the unwary can be caught out I have used the following example.
Mr & Mrs Newcomer are buying a property in Javea from Mr & Mrs Sale
for € 280,000 euros. Within days of the offer being accepted contracts
are signed, 10% is paid to the vendors and completion before the Notary is
arranged to take place in 21 days’ time. The Newcomer family are excited
and take comfort from the misplaced belief that everything is being done officially
and therefore without risk. Having signed the Escritura before the Notary the
Newcomer family then discover that Mr Sale extended the property during 2003,
and built a pool in the garden without having applied for a building licence
for either project. The Town Hall subsequently become involved levying fines
and insisting that part of the house be pulled down. Mr & Mrs Newcomer
protest on the basis that everything was signed before a Notary. Unfortunately
they then discover that the Escritura makes no reference to the pool or the
extension, and they are now lumbered with the problem. I am sure many readers
will know of people who find themselves in a similar situation.
If you have any questions
about notaries then please email us: info@spanishadvertiser.info
using your spanish advertiser email address and we will endeavour
to return your query as soon as possible.
So,
you have are thinking of relocating to Spain, of finding
a job to live and work in the Spanish sun. Now all you
need to do is work out the best and most efficient way to do
so. Below, we will give you as much information as we can,
to assist your journey through the bureaucratic systems involved.
If you have travelled, previously, you will know that being
prepared and learning from “Those
who have gone before”, lessens the inevitable frustration.
We hope that the information we have gathered, will do just
that.
In addition, visit our forum often…., make friends and
ask questions of others who have made the journey and found jobs.
Be assured that we at the Spanish Advertiser want to help you,
in any way we can to make Spain your home. Don't forget to visit
our jobs in spain directory on the jobspot page.
Disclaimer:
All articles and advertisements are checked for accuracy, however, the
we cannot be held legally responsible for any misrepresentation
that may occur by misprint. Whilst every effort is made to ensure accuracy
and authentic advertisements appearing in the directory, we accept no
responsibility for the claims made by advertisers. Sleepwell Marketing
S.L. cannot be held responsible for poor quality images or inadequate
instructions for layout.
Welcome to the "official Spanish information advertising search engine directory for living, moving, working and relocating to Spain or any of its Costas" . Here English-speaking expatriates will find everything they need to plan an overseas holiday or a complete relocation to Spain.
Looking to locate airports, information on Spain, rental cars, doctors, schools, employment, buying property or businesses for sale. The Spanish advertiser can help you with this and more. First locate the region you want using our Spanish map and enjoy your search...
