Signing the public deed before a notary​

After completing all the legal checks, getting the financing (if you need it), and agreeing on the date with the seller, it’s time to formalize the sale by signing the public deed before a notary.

This is the act that officially turns the agreement between buyer and seller into a sale formalized with all the legal guarantees. Although the process is usually quick, it’s important to show up with all your documents ready and understand what happens during the signing.

What happens on the signing day?

The signing takes place at a notary chosen by the parties or, in many cases, by the buyer.

The following people are usually present at the signing:

• The buyer.
• The seller.
• The notary.
• The bank representatives, if there is mortgage financing.
• The lawyers or advisors of the parties, when involved.
• An interpreter, if the buyer doesn’t understand Spanish well enough and feels the need for language assistance.

The notary acts as an impartial public official whose job is to make sure the transaction complies with current law and that both parties understand the content of the contract they are going to sign.

Before signing, the notary:

• Check the identity of the parties appearing.
• Verify the legal capacity of the buyer and seller.
• Review the property documentation.
• Confirm the agreed method of payment.
• Read or explain the essential content of the public deed.
• Resolve any legal questions that the parties may raise.

They don’t represent either the buyer or the seller, but they make sure the whole deal is legal.

What documents should you bring?

As a foreign buyer, you will usually need to provide:

• Valid passport or official ID.
• Foreigner Identification Number (NIE).
• Proof of payment method (bank transfer, bank check, or another agreed system).
• Bank documents, if a mortgage is involved.
• Power of attorney, if a representative is acting on your behalf.

 It’s recommended to check with the notary a few days before the signing to see if any additional documents need to be provided.

How do you pay the rest of the price?

The amount previously paid through the deposit contract is deducted from the final price of the property.

The rest of the amount will be paid on the same day as the signing using one of these methods:

• Bank-certified check issued by the financial institution.
• Bank transfer, when both parties accept it and its proper execution can be verified.
• Payment financed through a mortgage loan, in which case the bank delivers the funds as agreed.

The notary will record in the deed the total purchase price and the method of payment used, in compliance with the regulations on fraud prevention and money laundering.

Before going to the notary, check with your bank the timing for issuing checks or international transfers to avoid delays in signing.

Signing of the public deed

Once all the documentation has been checked and any questions cleared up, the buyer and seller sign the deed.

With the signature:

•  The seller transfers ownership of the property.
• The buyer takes on the commitment to pay the agreed price.
• All the conditions of the deal are reflected.
• If there’s a mortgage, usually the mortgage loan deed is signed too.

After the signing, the notary gives a simple copy of the deed while the follow-up procedures for registration and tax settlement are carried out.

Handing over the keys

In most transactions, the keys are handed over right after signing the deed and paying the price.

In addition to the main keys, it’s a good idea to request:

• Garage remotes.
• Keys to storage rooms or common areas.
• Access codes to the building, if any.
• Appliance or HVAC manuals.
• Active contracts or warranties for installations.

It’s also recommended to check that the condition of the property matches what was agreed on and that no items included in the sale have been removed.

Before leaving the notary’s office

Before wrapping up the operation, make sure you have:

• A copy of the public deed.
• Proof of payment made.
• All keys and access devices.
• Certificates or documentation provided by the seller.
• Contact information for the management office or the professional who will handle the registration at the Property Registry and the tax settlement, if applicable.

Signing in front of a notary doesn’t mean all the procedures are over. After the sale, you’ll still need to pay the corresponding taxes, register the property in the Land Registry, and change the ownership of the utilities. If you have a lawyer, they can take care of these steps to make sure the process finishes safely and without any issues.