Faq

Legal

  • What documents must one show to draw up sales deeds?

When you present the deeds before the public notary, you must before present the official charged with your case all the data about the building/home , even though, the notary will have also asked for information from the Property Registry, to make sure of who the owner is and the rest of the circumstances that surround the home and check them against the information forwarded and to check that the object under negotiation cannot be modified until it is made public.

Once the official has drawn up the document, the parties must meet before the notary accrediting their identity. In principle, the documents to present before the notary are very exact, i.e:

- When the subject is a company, the administrator must appear (with the documents appointing him as such) or a third party with powers of attorney, declared by the administrator of the company, that allow them to sell the real estate unit in question. They must also take with them their personal identification document that relates them to the powers or appointment document they have with them. All these circumstances will be recorded in the sales deeds.

- When the subject is an individual seller, they only have to bring their own identifying document, although it is usual for foreigners to be replaced by a legal representative (lawyer), who must equally present the necessary powers of attorney to be able to sign on behalf of their client (the same applies for any other representative of the person involved in the sale). It should be noted that if the powers come from a foreign country they must be accompanied by a special stamp (stamp conceded by the Hague convention) which makes it legal in Spain.

If you apply to a financial institution for the signing, in order to take out or subrogate a mortgage loan, the bank officials will also require the respective powers and documents.

Finally, once the sales contract has been read by the public notary, it will go on to be signed by all parties plus the public notary himself.





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