A purchase and sale of a property is one of the most important legal acts in a person's life. Formalising it before a notary offers legal security, guarantee of legality , and the possibility of registering the acquired property in the Property Registry.
In addition, the Notary Public provides impartial and free advice to both parties so that the process is completely transparent.
In addition to sales and purchases, the notary may also be involved in many other civil or commercial contracts, such as:
To give prior private agreements, such as, leases with an option to purchase or rental contracts, the effects of public instruments.
Gratuitous transfer of assets (real estate, money, shares, etc.), complying with all legal and tax requirements.
Exchange of assets (for example, land for a home) formalized with all legal guarantees.
Any contract affecting assets or legal relationships can benefit from notarial intervention.
The public deed enjoys a presumption of truthfulness and authenticity in everything it states, both in the statements of the notary public and those of the parties. This means that the contract is effective against third parties and has greater probative force in the event of a dispute.
A public deed allows the contract to be directly enforced in the event of non-compliance before the courts, without the need for a prior declaratory judgment, which represents a significant cost and time saving for the parties.
The Notary Public attests to the identity, capacity, and will of the parties, and that the contract complies with the law. Public attestation confers full legal security to the contract.
Only public documents have direct access to legal registries such as the Property Registry, the Commercial Registry, or the Civil Registry. This is essential in sales, mortgages, donations, etc.
In certain contracts (such as the sale of real estate), the public deed ALLOWS THE EFFECTIVE TRANSFER OF OWNERSHIP, or in other words, allows the buyer to directly acquire the property.
The Public Notary informs, guides, and resolves doubts for all parties equally, with no additional cost. This ensures transparency and balance, especially when there are differences in knowledge or negotiating power.
The Notary Public's legality control prevents the inclusion of abusive, obscure, or contradictory clauses or errors in the contract, which could lead to future disputes or the nullity of the contract.
The date of execution of the deed is fully effective with respect to third parties, for example, in the priority of claims or the calculation of legal deadlines.
The original document remains in the custody of the Public Notary, with a copy accessible to the parties at any time. This guarantees the integrity and long-term availability of the document.
The Public Notary can handle tax settlements, registration procedures, or send copies to the parties or registries, streamlining the process and avoiding formal errors.
It is not mandatory, as our system is governed by the principle of freedom of form, so a sale could be made in a private document or even verbally. However, this is not advisable.
A private contract is only valid between the parties, but cannot be registered or enforceable. A public deed has full probative value and allows access to public registries, such as the Property Registry.
The buyer has the right to choose the Public Notary, unless otherwise agreed.
Donations of real estate must be made in a public deed to be valid. Donations of money can be made in a private document; however, if made in a public deed, fewer taxes will be paid.
Yes, through a previously granted power deed.
It will depend on the type of contract: Property Tax, Legal Aid (AJD), VAT, ISD (Income Tax), etc. At the Notary Office, we provide transparent information and can manage the liquidation of said taxes if you wish.
Call us, visit us, or fill out the contact form.
Monday, Tuesday, Wednesday, and Thursday from 9:00 a.m. to 2:00 p.m. and from 3:00 p.m. to 6:00 p.m.
Friday from 9:00 a.m. to 2:30 p.m.
Saturday and Sunday: Closed.
A notarial sale and purchase is a key process to ensure legal certainty for both buyer and seller. At Notaría Vía Augusta 4located in the centre of Barcelona, we offer you complete and personalised advice to formalise the purchase and sale of real estate with all the legal guarantees.
Having a notary for this type of transaction is not just a formality: it is a guarantee of legality, transparency and peace of mind.
Verification of the ownership and encumbrances of the property
Verification of legal documentation
Drafting and authorisation of the public deed
Impartial advice to both parties
Coordination with the Land Registry and Tax Office
Whether it is the purchase of your first home, an inherited sale or a transaction between companies, at our notary's office you will find a close and rigorous team ready to accompany you throughout the process.
Personalised treatment and clarity at every step
Extensive experience in notarial sale and purchase transactions
Accessibility and unbeatable location in Via Augusta 4
Don't leave one of the most important decisions of your life in the hands of just anyone. Make an appointment with our team and carry out your notarial sale and purchase with full confidence.
