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Understanding Spanish Contracts and Notary Deeds

Are you thinking of selling a property in Spain? You should learn about the characteristics of the contract and the rights and obligations of the parties involved.

Property purchase contracts in Spain

The purchase contract governs the process of buying and selling a property in Spain. The property must be consensual, bilateral, commutative, and include the following elements:

  • The documentation of signatories
  • The expenses and burdens of the property
  • The down payment amount paid in advance
  • Cancellation penalties 
  • The buyer and seller’s expenses and taxes
  • Ten-year insurance
  • The completion date

Signing of the Notary Deed

The signing of the notary deed (escritura pública) is the final stage of the real estate purchase process in Spain. Although the procedure is relatively easy, being the last step is also important. You must ensure that all property affairs are in order, all required documents have been acquired, and the funds are readily available. Both a lawyer and a public notary must be present to witness the signature and ensure the status of the property is not changed.   

Why is a Notary Public important in real estate transactions?

A notary public has a vital role in the sale and purchase of a property in Spain. Their duties include:

  • Verifying the identities of the parties involves in the transactions
  • Explaining the legal consequences of the contract to all parties
  • Witnessing the signing of the agreement between the property seller and buyer
  • Registering the deed of the property with the Land Registry and formalizing the transfer of ownership

What happens before the signing of the Notary Deed in Spain?

Prior to signing the notary deed, you must make sure that all your affairs are in order. This means ensuring that the funds are available and that a payment method has been agreed upon. Our legal team can guide you through the process by recommending a notary and setting up an appointment for you. Get in touch with us today to make sure that everything is in order.

There are many legal disputes surrounding real estate: rental arrears, damage to rented property, defects in new-build homes, hidden defects in purchased real estate, failure to comply with signed contracts, etc. So if needed, then contract the right person to assist you.

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