escritura process of buying home notary certified copy of a bill of sale

La ecritura publica is a document that provides legal support to the buyer and seller in the transfer of real estate and registers it in the property register and also proves and confirms that both parties agree to sell the house and express willingness to follow the signed. This document must be notarized. The notary is obliged to double-check and explain to the client the content of this document. In addition, this is the last necessary procedure that you must perform when you are going to buy or sell a house.

What are the advantages of a pablic deeds of sale for housing in Spain?

  • The guarantee that you are the only owner of the house, which allows you to be the only one who can acquire rights to it.
  • Confirmation that the seller is who he presents as a guarantee against possible fraud.
  • The authorities will protect you if a third party claims ownership.
  • It protects you from creditors (debts before you buy) and lets you know if the house has any overdue payments.
  • This allows access to a mortgage, which is impossible without registering a home.

What information does the bill of sale (escritura) contain when buying and selling properties?

The following sections should be included in the public deed of sale:

  • Debts that may be on real estate: such as taxes, mortgages or debts.
  • Confirmation of payment of property tax IBI: A notary must attach a copy of the receipt of the last payment to IBI.
  • Verification of payment of utility payments: the seller must provide a certificate with the "approval" of the president, which confirms that all utility payments have been paid. In the absence of such a document, the buyer risks being obliged to pay off his debts if they are discovered.
  • The distribution of transaction costs between different parties.
  • The amount of notary fees: must include specific rates and applicable fees.
  • Check means of payment: must indicate how and when the property was paid.
  • Account numbers: from which money is paid and to which money has been deposited.

Steps for signing the deed of sale:

The notary is also responsible for maintaining the signature, requesting documents and tax reporting when selling and buying a house:

  1. The notary will ask the seller for an Energy Efficiency Certificate (CEE).
  2. The notary will inform the seller of his obligation to pay the municipal capital gains (in case he sold the city property); of his obligation to pay IBI for the entire year, even if he sells in January, and that he must keep a simple copy of the sale to make his tax return for possible capital gains.
  3. The notary will inform the buyer of his obligation to pay the purchase tax (or transfer of property, corporate tax or documented legal acts and VAT).
  4. It will also indicate that you must submit a simple note on admission to the town hall to settle the tax on the increase in the value of urban land (municipal surplus value).
  5. After explaining to each of the parties of all sections and paragraphs of the document, the contract is signed.
  6. House keys and other documents will be delivered to enter into contracts for water, electricity or gas services.
  7. After the document has been completely read before the notary and signed, it will be registered in the property register.

Who can simplify the process of signing a bill of sale in Spain?

The site exclusiva.es employs experts with a long history of work who will help you with all the necessary documents for the sale and advise you throughout the process. In addition, you will save a large percentage of the commission that other real estate agencies can take. Call us at 636 12 60 12 and we will solve all your doubts.

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