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The Spanish Public Notary

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The Public Notary (Notario)

The Public Notary is very well qualified public legal official, who acts a bit like a judge, to make sure that agreements and contracts are officially "noted" and registered. Among matters covered are the sales and purchase of property, wills, mortgages and loans, and various matters relating to compànies and any contract where the parties wish to make it a matter of public record.

The Notary fees are fixed by law. eg. from €900 for a property value of about €120,000.

On the day of completion of a property sale you will attend the Notary's office together with your solicitor, (who acts as your translator and legal representative) Also in attendance will be the vendor and perhaps his solicitor or his representative (with power of attorney) and your bank manager if you are having a mortgage.

It is here that the deeds (estritura) are originated and signed and the keys and final payments handed over.

In the Notary you will find several meeting rooms set aside for all these people to do their business so there are always many people milling around and waiting for their turn. Because of the number of properties being sold in Spain a visit to the Notary is an interesting and sometimes time consuming affair. If you are unable to attend this completion process you can give power of attorney to your solicitor who will sign on your behalf.

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