On this page of the real estate area of our notary, we explain how the sale and purchase of a home is carried out, the steps to be taken and the role of the notary in this legal act.
Table of contents
Previous procedures Deed of Sale
Before granting a deed before a notary for the sale of a home, the parties usually go to the perfection of a private contract between seller and buyer. This is also called pre-contract or colloquially arras.
By virtue of the freedom in the form of contract that the Civil Code grants us, the private contract is perfectly valid. So, by expressing the Declaration of will of the parties in wanting to establish a legal relationship of sale, that contract is perfected and obliges the parties to comply with it.
Because the private contract already produces legal effects, it is recommended to be previously advised by a Notary to find out about its content. At the Notary Bosch & Bages we have the legal advice service, contact us.
In this step, it is crucial to check if the house is free of encumbrances, has a mortgage, is repossessed, if there is any type of lien on the land ...
The Notary in the sale
As a right that is recognized to the buyer (see here the Law of consumers and users), he will proceed to choose a notary.
Although the document already has effects on the sale, It is highly recommended to go to the notary to deed the sale of the home. By granting the public document, it produces effects that are superior to the private one, while providing legal security and legality in its content. So that the public deed will become the vehicle that will introduce the contract of sale to the Property Registry.
Before a notary, the parties will declare their will to grant the sale, together with their clauses or agreements. These declarations will be given Faith, that is, they will be reliable (the private document is not).
The notary, apart from giving Faith, gives legal certainty to the Act. It will proceed to verify the Identity (with ID or passports), capacity and legitimacy of the buyer and seller (in the case that they act on behalf of others, as proxy, represent a minor or a legal person).
The property deed of the land or home will also be accredited, based on a Deed, judicial sentence or a Public Administration Act.
On the other hand, the seller will be required to certify in the deed that the home is free of leases and occupants. The notary, prior to the contract of sale, will require from the Registry a note verifying who is the owner, that the land is free of encumbrances, and that there is no mortgage or seizure.
Regarding the cadastral data, it will be required in the deed that the cadastral reference number of the house be accredited, which will be deducted from the last IBI receipt that the seller must deliver. A descriptive and graphic cadastral certificate will also be requested, which will be incorporated into the deed, in order to verify the coincidence or discrepancy between the Public Deed and the Registry.
On the other hand, the Energy Efficiency Certificate, the Certificate of habitability and the Verification of the means of payment will be requested.
Special cases
Profit scheme or family residence
The notary will check from the document provided of the ownership of the land, if the house constitutes a habitual family home. In the case that is thus constituted, the consent of the spouse of the selling party will be required.
On the other hand, in matrimonial agreements, the marriages that constitute their joint property regime, the spouse of the selling party must consent to said sale.
Official Protection Housing
In the event that the sale is constituted on an Officially protected home, the notary will notify the maximum price for which that property can be sold, and that it may never exceed the amount marked. The buyer must submit to the obligations required to buy this type of housing.
Expenses of the sale
The taxes that the parties will have to pay are 5. If it is not agreed who pays each expense in the private contract, or if it is indicated that the expenses will be made according to Law, the selling party will pay the capital gain, and most of the writing. The purchasing party will be charged the other part of the deed (copies), registration fees and transmission taxes.
In the event that the seller is a real estate developer, it is forbidden for the buying party to assume costs that by law belong to the selling party. It would be an example, Municipal capital gain, the expenses of declaration of new construction and horizontal division, or cancellation of mortgages.
Property Registry
At the end of the deed of sale, it must be registered through a telematic procedure. The notary can be done if this means is requested.
It is a highly recommended option, since it represents a guarantee against other documents that enter the Registry.
The Deed can also be presented by means of a copy authorized by the notary and delivered in the registry.
Consultation any information about deeds in our Notary in Barcelona.
Among our notary services we also have the possibility of making an online consultation. Or if you prefer, you can make an appointment to make a videoconference with the notary and ask your question. This online notarial service is suitable when the preparation of documents is not required. Click this link: online notary to request information.
We also have another type of online service such as the request fast simple copies online. Fill in the form on the page and you can request your simple copy electronically.
Gemma Mestre Gallofré