What is the diference between a Notary and a Lawyer?
Lawyers must not be confused with Notaries. Notaries and Lawyers are different. The Notary function is to be an impartial witness to the signing of all public documents before their inscription in the “Registro de la Propiedad” (property registry). It is the responsibility of the Notary to verify the current title; to make the new title deeds of the property and read it out in front of both sellers and buyers before giving good faith that all is in order. He also receives the Transfer Tax (“I.T.P.A.J.D.”) on behalf of the Spanish Tax Authorities. He is a Public Worker. Private lawyers act on favour of their clients. They will check the legal situation of the property. Although it is not absolutely necessary to hire a lawyer in Spain, the lawyer will always help you with all the paperwork required and will make an independent report of the legal situation of the property. We can also suggest some Spanish English speaking lawyers that work in this area.
