The Notary is a public official. All property sales transactions and purchases in Spain are required to be registered in a local deed registry and the title deed (Escritura de Compraventa) must be prepared by the Notary. Both the seller and the buyer then sign this deed in the Notary's presence.
The Notary is a very important official. He/she is fundamentally a lawyer who has received special training and achieved qualifications for his/her duties which covers an extensive range of legal matters. In addition to dealing with property transactions he/she ensures Spanish Wills are duly processed and authenticates important documents etc.
The Notary's function with regard to your property purchase will be to ensure that the conveyance deed is drawn up correctly, that the agreed declared purchase price has been paid to the vendor and the collection of the appropriate fees and taxes. Following your signing of the deed he will endorse the deed as a witness. The Notary will then forward the deed to the Land Registry Office where the name of the new owner is recorded. It is not unusual for the original title deed to take some time before being returned to you (or your bank). You will, however, receive an authorised copy in the meantime.
In the event that you do not wish to attend the Notary for signing of the deeds, you can appoint someone as your agent to appear before the Notary and sign the document on your behalf. You must officially appoint your representative by way of a deed which in England is called a 'Special Power of Attorney' or in Spain, an 'Escritura de Poder de Compraventa'. The Escritura de Poder de Compraventa can be prepared by the Notary as soon as you have agreed terms to buy the property. Good advice is to prepare the deed in the name of the solicitor who you have instructed to oversee the conveyance for you.
As part of our client service TENERIFE ROYALE ESTATE AGENTS S.L. will ensure that all legal procedures are adhered to and offer every assistance to your lawyer and the Notary to ensure a seamless transfer, without the need for you to concern yourself.