By the contract of sale one of the contracting parties undertakes to deliver a thing and the other party undertakes to pay a price in money or a thing representing it. Since this is the standard contract for synallagmatic parties, it presents an almost endless variety depending on the different circumstances of each case and on the operability of the principle of private autonomy in article 1.255 CC. The importance of this contract makes important to have the advice and assistance of legal professionals before signing it.
Such assistance will provide you with the following guarantees:
That the contract meets your expectations and your satisfaction, foreseeing in accordance with our legislation the different possible scenarios, protecting your interests at all times
That when it comes to legal action, you have a useful instrument for the defence of their rights and interests in court.
Welex has experienced lawyers in both scenarios, assisting you effectively both in the pre-trial and trial phases.
For illustration purposes only, we will proceed to set out the essential requirements for the purchase and sale of housing and the granting of a public document as an essential requirement for validity.
The corps of notaries belongs to the Ministry of Justice, whose advisory body is the General Directorate of Registries and Notaries, making its members independent professionals whose primary function is to give public faith to legal acts and business concluded in their presence.
As stated in Article 1280 CC, must be recorded in a public document:
1. ° the acts and contracts that have as their object the creation, transfer, modification or extinction of rights in rem over real estate.
2. ° the leasing of these same goods for six or more years, provided that they must be detrimental to a third party.
3. ° marital property agreements and their modifications.
4. ° the assignment, repudiation and waiver of inheritance rights or those of the marital partnership.
5.º Power to get married, general power for lawsuits and special powers to be presented in court; power to administer property, and any other power that has as its object an act drawn up or to be drawn up in a public deed, or that is intended to harm a third party.
6. º the transfer of shares or rights arising from an act recorded in a public deed.
Other contracts in which the amount of the services provided by one or both contracting parties exceeds 1,500 pesetas (9.02 euros) must also be recorded in writing, even if they are private.
What information must be included in the deed, in the specific case of the sale?
At the top of the deed we will find the following information:
-The place and date of signature of the deed and the name of the notary.
-Identification of the grantors, including name, nationality, marital status, profession, address and identity documents.
-In addition, it will be expressed if a person appears on behalf of another, with an indication of the document authorising it.
-It is also recorded whether an interpreter is involved, in the event that any of the participants does not know the language in which the deed is written.
The notary shall attest to the capacity of the grantors to enter into the relevant transaction. The data relating to the property is then entered, with particular reference to the following:
1. – Description of the property and its registration data in the corresponding property register.
2. – Cadastral reference and situation regarding the payment of the Property Tax.
3. – Statement regarding the payment of the Community of owners and delivery of certification of the state of debts with the community.
4. – Charges and encumbrances on the property.
5. – Delivery of the energy efficiency certification to the buyer.
6. – Incorporation into the deed of a simple informative note from the corresponding property registry.
7. – Possession status: whether the property is free of tenants and occupants or not.
8. – Conditions of the sale and purchase, such as: object, price, form of payment. Payment of deed expenses and payment of Capital Gain Tax.
The deed will mention the fact that the content of the deed has been read, the number of pages it consists of and the signature of the parties, interveners and notary.
At Welex we can provide you with quick and efficient assistance and advice in the granting of public deeds of all kinds, as well as the interpretation of those already signed.