You have found your dream property on the island and only the signing of the purchase contract separates you from your new residential happiness? In order to have the property purchase registered in the Spanish land register, you must complete the formalities in cooperation with a notary on Mallorca. Only with a public deed of sale (Escritura) or a notarial deed it is possible to have the property registered in the land register.
In principle, a real estate purchase contract in Spain is legally free of form and can, in contrast to German law, even be concluded orally. Why you should consult a notary on Mallorca and insist on a notarial deed for a private purchase contract, you will learn in the following article. You will also learn a lot about other topics in the area of taxes and law.
Why is a notary necessary in Mallorca?
The entry of a private purchase contract in the Spanish land register is only possible under Spanish law if you are in possession of a notarial deed. This is issued by a notary in Mallorca. His signature proves the authenticity of the public deed. If you are listed as the owner in the land register, you have all ownership rights. A privately concluded purchase contract is not sufficient. Only if the property is officially transferred in writing by a notary in Mallorca are you the legal owner.
It should be noted: You need a notary in Mallorca, so that the transfer of ownership with the entry in the property register officially leads to the acquisition of ownership. At the same time, you receive protection from the seller's creditors and can take out a mortgage on your property .
Also keep in mind that a private purchase agreement without a notary Mallorca can quickly lead to problems. In case of dispute, proceedings without a notarial certification will be costly and sometimes lengthy, because there is no reliable evidence of the property purchase. For example, the other party can deny the signing or even change the date. With a notary Mallorca you are always on the legally secure side, because he certifies, officially the document and the identity of all signatories and their legal capacity.
How is a notarial certification issued by a notary Mallorca?
As a rule, a purchase contract is written in Spanish. This presents many foreign real estate buyers with a language hurdle.
For this reason, there are two options for the notarial contract of sale to have it recorded by the notary Mallorca in another language in addition to the Spanish version: as a bilingual contract or with a sworn translation.
Bilingual notarial contract of sale:
Provided that the notary Mallorca speaks other languages besides Spanish, such as German or English, it is possible that a bilingual contract is drawn up and signed or that the notary Mallorca renders the content in German or English. There are also German notaries in Mallorca.
Sworn translation and sworn interpreter:
A much more common solution is to commission a translation of the notarization or to have an interpreter present during the notary appointment. It is important to make sure that it is a sworn interpreter and therefore a sworn translation. This will give you legal certainty with the document.
How does the appointment with a notary Mallorca?
For the choice of a notary Mallorca you are welcome to contact the experts of NEPTUNUS INTERNATIONAL. We have excellent contacts with German notaries on the island and will be happy to arrange an appointment for you.
Bring your internationally valid identity card or passport and your NIE number (Número de Identidad de Extranjero), the identification and tax number in Spain, to this. An employee will make a copy of this for your records. Afterwards you give the notary Mallorca information about your address, your marital status and marital property rights. Missing data will then be included in the purchase contract.
With the opening of the procedure, the notary Mallorca establishes the identity of the parties involved by matching them with the copies of the identification documents. Subsequently, the notary Mallorca reads aloud the most important passages of the purchase contract and explicitly points out, among other things, the payment of taxes. If an interpreter is present, this is the instructions again in the native language of one party orally reproduced.
After the notarial deed has been read out, all parties involved sign it and, depending on the agreement, the bank check is handed over. The fees for the notary Mallorca are paid directly on site in cash or by credit card. The notary fees in Mallorca depend on the purchase price and vary between €600 and €800.
You will receive directly a simple copy of the deed. The original deed is delivered within a week from the notary Mallorca. By paying the tax it will be stamped.
Can I hire an agent to handle a real estate transaction in Mallorca?
You can be represented at official appointments in Spain if you do not have the possibility to be present yourself. To do so, you grant a notarial power of attorney to a person selected by you. A power of attorney is notarized by a notary public in Mallorca. The only thing you have to do is to sign it personally. This is of course also possible at a notary in your country of origin, provided you meet certain requirements. It is important that the power of attorney, if it is created in Germany, is translated into Spanish with a sworn document and a legalization is applied for at the appropriate Spanish authorities. We at NEPTUNUS INTERNATIONAL will gladly take care of these formalities, saving you time and effort. Likewise our specialists represent you on request with a power of attorney at all official appointments. Simply contact us for this purpose.
