Since there is usually only one notary present in a notary office with several employees, a visit to the notary can be prolonged. If there is a previous transfer before yours that doesn't proceed smoothly due to incorrect documents, a bank that doesn't arrive on time to cancel or sign, or disagreements that arise at that moment, it may take some time before you can receive your keys and open the doors to your new home. Make sure to reserve enough time for that day!
What does a notary do?
The notary drafts the deed of sale or transfer deed in your name, which will eventually be registered in the land registry and cadastre. The purchase/sale of the property takes place in the presence of a notary, who is a public official responsible for offering citizens the legal security promised by the Constitution in Article 9, in the field of extrajudicial legal acts.
In addition, the notary is an independent legal professional who guarantees impartiality. His dual function ensures his independence. The notary is an impartial professional who advises you and ensures that your contract or transaction complies with the strictest laws, guaranteeing legitimacy and security for both individuals and the state.
By signing the deed of sale before the notary, the contract becomes a public document called a deed. This deed is a public document issued by a notary that provides the highest legal security in our legal system. It has powerful effects regulated specifically by law, far greater than those of a private document. Authorities, judges, and society in general give absolute credibility to the facts or statements contained in a public deed.
It is a complete document that does not require further control or verification and is fully effective from the moment the notary authorizes it. It is an executive instrument that proves dates, facts, and statements.
The deed circulates only through paper or electronic copies. The original, with the signatures of the parties, is kept as a protocol in the notary's office that authorized the deed. It is then transferred to the notarial archives of each association and, later, to the Historical Archive. The public deed is permanent.
A public deed is necessary to register the property in the cadastre. Once registered, the property is legally unassailable. The notary will verify that the seller is the full owner of the property with the ability to dispose of the asset, as well as the condition of the property. If there are encumbrances or conditions, he will advise the parties on the necessary steps or authorizations for the buyer to purchase with security.
The notary will also verify that there are no outstanding debts with the municipality or the homeowners' association. Additionally, he will check that there are no preemptive rights or urban irregularities and that the entire contract complies with applicable legislation. After the deed is signed and registered in the cadastre, the corresponding taxes must be paid. With the tax payment receipt, the deed is then taken to the registry.