Do you think that, as in Belgium or the Netherlands, the Spanish notary takes care of the entire purchase process of your property from A to Z? That misconception could cost you dearly. In this episode of Confianz: After Hours plunge An-Sofie and Glenn into the world of Spanish notaries. They unravel the fundamental differences between the role of the notary and that of a specialised Spanish law firm such as Confianz.
Listen on Youtube, Apple Podcasts or Spotify.
Using the clear metaphor of the neutral referee (the notary) versus the partisan, active coach (your lawyer), explains why legal assistance when buying in Spain is not a luxury but an absolute necessity. From the crucial Due Diligence-research to the security of your payment: this episode offers essential insights for anyone considering a safe and informed property investment in Spain.
Read more about the role of the notary in Spain.
This episode features:
- The Fundamental Difference: Why the Spanish notary is an impartial official and does not proactively investigate illegal construction, outstanding debts or urban planning problems.
- Referee vs. Coach: The Spanish notary supervises the formal rules of the transaction, while your lawyer defends your personal interests and conducts an in-depth investigation.
- The Role of the Advocate: What does a Due Diligence-investigation exactly? (Checking permits, debts with the CoE, property titles, zoning, etc.)
- Choice and Costs: Who chooses the notary and why is this of strategic importance? How are notary fees (Aranceles Notariales) calculated?
- Secure Payment: The difference between paying with a traditional bank cheque and using the much safer, but not routinely offered, third-party account (cuenta de terceros) from the notary.
- The Road to Office: How to become a notary in Spain via the leaden state exams (oposiciones) and what does this say about their prestige and generalist knowledge?
Consult a table of notary responsibilities here.
Key Takeaways
- Your lawyer is your coach: The Spanish notary is the neutral referee, not your personal defender. A private, independent lawyer who is the full due diligence executes is essential to avoid financial and legal risks.
- The notary is the finish line, not the starting point: The notary appointment is the final step that seals a deal that your lawyer has already fully explored and deemed safe.
- Be proactive about payment: Do not assume that the safest payment method (the third-party account) is a default option. Discuss this with your lawyer well in advance, as this may influence your choice of notary.
How does an appointment with a Spanish notary go?
More information
After listening to this episode, do you have any questions or are you considering taking the plunge into Spanish real estate yourself? If so, don't hesitate to contact Confianz.
- Website: www.confianz.be
- T. 0032 301 00 70
