Signing the contract in the UK?

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This topic contains 6 replies, has 3 voices, and was last updated by Profile photo of Fuengi (Andrew) Fuengi (Andrew) 3 years, 4 months ago.

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  • #57710
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    Anonymous
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    We are due to complete a purchase on a property in Mallorca in a few weeks and yet three out of the four parties (two couples involved in sale/purchase) are in London. Do we all really need to fly out there or can’t the fourth member of the deal fly here and we all sign in front of a Spanish Notary in London?

    Has anyone done this? My lawyer is telling me it has to be done in Spain. Please advise.

  • #117702
    Profile photo of Anonymous
    Anonymous
    Participant

    Hi Loppy42

    I think Your lawyer is right, because a Spanish Notary may not exercise its authority in the UK, according to the law of notary is assigned a territory, known as “Partido Judicial” in which it operates.
    It is possible to do so before a British Notary and after legalizing it, take it to the Land Registry for registration in Spain, there is a Supreme Court ruling that supports this practice (STS 998/2011, of June 19, 2012) but more probably it would be refused and would have to go to court so to declare the validity of the act.
    But this would have a high cost and uncertain outcome, so now I do not recommend it.
    On the other hand, to avoid the trip, the three people in UK can grant a power of attorney to someone you trust in Spain (eg lawyer) who, after being legalized with Apostille, will allow complete the purchase in name.

    I hope I have been helpful,

  • #117738
    Profile photo of Fuengi (Andrew)
    Fuengi (Andrew)
    Participant

    Hi, if they are in London, why not have them go to the spanish embassy and have a power of attorney prepared? Easier and cheaper than a British notary (no need for Apostille stamp, etc..).

  • #117742
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    Anonymous
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    Hi,Because I think the Spanish Embassy Legalize the documents(Apostille) but they do not prepare them, lawyers do it and Notary notarizes them. But if there is any doubt the best is calling the Embassy

  • #117744
    Profile photo of Fuengi (Andrew)
    Fuengi (Andrew)
    Participant

    @dalorgar wrote:

    Hi,Because I think the Spanish Embassy Legalize the documents(Apostille) but they do not prepare them, lawyers do it and Notary notarizes them. But if there is any doubt the best is calling the Embassy

    Hi, had one prepared a week ago at the embassy outside of Dublin (?). Arrived here within 2 days by post. In Spanish prepared at source. With no apostille stamp. HAd a panic attack as I assumed it was not valid, but was confirmed by notary here that the apostille is not needed as the embassy is spanish territory and as it was for a transaction in spain, no a stamp needed. Supposedly the Ambassador as notarial power when acting in an official capacity.

    EDIT: Normally I would recommend what you suggested before as it seems to be most common approach.

  • #117747
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    Anonymous
    Participant

    [quote=”FuengiHi, had one prepared a week ago at the embassy outside of Dublin (?). Arrived here within 2 days by post. In Spanish prepared at source. With no apostille stamp. HAd a panic attack as I assumed it was not valid, but was confirmed by notary here that the apostille is not needed as the embassy is spanish territory and as it was for a transaction in spain, no a stamp needed. Supposedly the Ambassador as notarial power when acting in an official capacity.

    EDIT: Normally I would recommend what you suggested before as it seems to be most common approach.[/quote]

    Hi, I didn’t know that the Embassy do it, I said because the Consulate sent me last week a Person to do it because they don’t. But anyway I think the best is ring them.

  • #117749
    Profile photo of Fuengi (Andrew)
    Fuengi (Andrew)
    Participant

    @dalorgar wrote:

    Hi, I didn’t know that the Embassy do it, I said because the Consulate sent me last week a Person to do it because they don’t. But anyway I think the best is ring them.

    agreed.

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