No
sale of property in Spain is valid without the presence of a notario.
A
Spanish notary is possibly one of the most comfortable (and profitable) professions
in Spain. His (or her, although most Spanish notaries are male) role in property
deals is to guarantee the legality of the sale, to certify the presence of all
the papers and people required by law to be present in any property deal, to ensure
that property buyers or sellers who do not speak Spanish have a representative
with them to translate proceedings, and generally to preside over the signing
of the property sales contract and to register the new deeds.
Whereas
a search for houses for sale in Spain begins at an estate agent, it ends in the
notary's office. Both the property buyer and vendor (or their legal representatives)
must attend the signing of the contract, and the estate agent (if there is one
involved) and lawyers are usually also present.
If
a Spanish bank is involved in
the property deal, then the bank representative also attends the meeting to confirm
the mortgage which is also signed infront of the notary.
If,
as is often the case, the value appearing on the deeds of the property being sold
is less than the overall price of the sale, the notary generally turns a blind
eye