martes, 07 de julio de 2020
03 THE SIGNING OF THE CONTRACT
How to buy a home in Spain step by step
Guide of the College of Registrars of Spain (Part IV)
From our Real Estate Agency in Teulada, Marti Projects S.L. We want to echo the transmission of this important and interesting information for the purchase of a home in Spain. We continue in this article with Part Four.
The parties can freely choose the way to celebrate the sale, write the contract in a private document or in a public deed.
3.1 Private Document
Unlike the public deed, a Notary does not intervene, its drafting lacks the legal guarantees given by the notarial intervention.
You will also not have access to the Property Registry, so you will not enjoy the registry protection, we recommend that you do not use this method of formalization. Like writing, it can be written in any language, but if you do not know the one used, use the services of a sworn translator.
3.2 Public deed
It requires the intervention of a Notary, who collects the will of the parties, issues their capacity judgment, draws up the document according to what they want and precisely to the legal requirements, will make the corresponding warnings and file the nuance in their protocol , issuing you the copies you need to prove your ownership and formalize the subsequent procedures.
It will advise you regarding the subsequent formalities of the deed. Notary fees will be paid as agreed by the parties.
3.3 Responsibility of the Seller
Whatever the way in which we have celebrated for the hidden vices or defects of the house, even if it were ignored, the judicial action prescribes six months after the delivery of the house.
The recent Building Law establishes the responsibility of individuals or legal entities involved in the building process vis-a-vis the owners and third-party purchasers, for a period of ten years from the date of receipt of the work. The term is reduced to three years in the case of material or installation damage that affects the habitability of the building.
More related articles
How to buy a home in Spain step by step, Guia del Colegio de Registradores (Part I)
Information sources, Guide to the College of Registrars of Spain (Part II)
Before signing a contract, Guide to the College of Registrars of Spain (Part III)
After signing the contract, Guide to the College of Registrars of Spain (Part V)
What taxes do i have to pay? Guide of the College of Registrars of Spain (Part VI)
College of Registrars of Spain, Guide to the College of Registrars of Spain (Part VII)
The information and comments contained in this article do not constitute any legal advice.
For more detailed information, contact our company.