Reviewing the draft purchase deed: what to check before signing

The notary appointment is approaching and the draft deed arrives. Among the registry particulars, the statements and the clauses, it can be hard to identify what you should be checking.

The review must confirm that the document correctly reflects who is buying, what is being transferred, how much is paid and on what terms the home is handed over.

The Ministry of Consumer Affairs recommends asking for the draft in advance and reading it carefully, particularly as regards the price, the payments, the charges, possession, the annexes and the costs.

Source: Ministerio de Consumo — The notary’s clarifications before signing a sale

Ask for the draft while there is still time to clarify

Ask for it as soon as it is available and confirm which documents are still missing to complete the final version. The escritura pública de compraventa is the notarial instrument of transfer: it is not a private contract, a nota simple or a registry certificate.

There is no single general deadline that applies to every draft purchase deed. The review should be organised according to the circumstances, especially where powers of attorney, foreign documents or financing are involved.

Mortgage information follows its own rules. Its procedure must not be confused with the review of the purchase draft.

1. Identity, representation and shares of the purchase

Check names, identity documents and the relevant personal details.

If you are buying with someone else, confirm the shares acquired and how the matrimonial property regime is described where relevant.

If someone signs under a power of attorney or on behalf of a company, check that the intended intervention has been notified to the notary and that the necessary documents are available.

The Notariat identifies the appearance and intervention of the parties, their representation and the registrar’s judgment of capacity as parts of the deed’s structure.

Source: Consejo General del Notariado — How to read the deed

2. Which property and which annexes you are buying

Compare the description with the documents reviewed and with what was agreed:

• The home and the property (finca) number.
• Garage and storage room.
• Associated shares or rights.
• Registry and cadastral references.
• Surface areas and the description of annexes.
• Rights of use over terraces or other areas.

A difference does not automatically mean a problem, but it must be understood before signing. If an annex is missing or a different description appears, ask for documentary clarification.

The recitals (parte expositiva) of the deed set out the description of the property, its registry and cadastral particulars and the owner’s title.

Source: Consejo General del Notariado — Content of the recitals

3. Total price and amounts already paid

The draft must reflect the real transaction. Check that earlier payments are correctly identified and deducted from the outstanding amount.

You can prepare this calculation:

If part of the price is used to pay off a debt of the seller, that payment should be distinguished from other costs or provisions.

Do not accept a declared price lower than the one actually agreed. The Ministry of Consumer Affairs warns of the consequences of concealing part of the price.

Source: Ministerio de Consumo — Consumer FAQs on the sale of a home

4. Means of payment and recipients

Check that transfers, cheques and earlier payments are described correctly.

Article 24 of the Notariat Act governs the identification of the means of payment in the property transactions within its scope.

Source: Ley del Notariado — Article 24

Prepare the proof of payment and confirm the instructions with the professionals coordinating the transaction. If you notice a change of account or recipient, clarify it before ordering the payment.

An amount not yet delivered should not appear as received unless the intended mechanism is properly explained.

5. Charges: what is cancelled and what remains

Read how mortgages, attachments, easements or other rights are described.

If cancelling a mortgage has been agreed, check how that step is organised and who follows it up. Paying the bank debt and cancelling the mortgage at the registry are separate steps.

You must also understand the charges that will remain. Not all of them disappear with the sale.

The Notariat states that the notary reports on the state of charges and carries out the checks inherent in the deed.

Source: Consejo General del Notariado — Checks and charges on the property

6. Community, IBI and outstanding documents

Check the statements about debts and the documents incorporated into the deed.

Pay attention to any clause under which you release the seller from providing a certificate. Where the state Horizontal Property Act applies, article 9.1.e governs the certificate of debts and that possible express release.

Source: Ley de Propiedad Horizontal — Article 9.1.e

Ask what information supports the statements on IBI, special contributions or outstanding amounts. Also confirm how documents not yet received will be handled.

7. Possession, occupants and handover of keys

The deed must be consistent with the handover planned.

If the seller will remain after signing, it is worth specifying the departure date, the obligations during that period and the consequences of delay.

Article 1462 of the Civil Code provides that the granting of a public deed is equivalent to delivery, unless the deed itself shows or clearly implies otherwise.

A deferred handover requires particular attention to the wording and to the applicable law.

Source: Código Civil — Article 1462

Also clarify whether it will be handed over free of occupants and which furniture, controls or items are included.

8. Costs, taxes and later formalities

Review the allocation clauses and ask which obligations fall on each party by law and which may be agreed.

Do not confuse a financial allocation between buyer and seller with the identification of who is answerable to the tax authority.

Also confirm who will file the taxes, follow the registration and provide the receipts. The draft may envisage later steps that must be coordinated with what each professional has been engaged to do.

Source: Consejo General del Notariado — Costs and later steps in the deed

How to raise changes

Send an ordered list of observations, setting out:

• The clause or section.
• The detail that needs clarification.
• The document or agreement that supports it.
• The amendment you are requesting.

Distinguish a transcription error from a condition that still has to be negotiated. Receiving a draft does not mean every clause in it has been accepted.

Ask for the updated version and confirm the open points have been resolved before signing.

Frequently asked questions

Can the notary explain a clause to me?

Yes. The notary must ensure you understand the content and consequences of the deed. Raise your doubts before signing.

Source: Ministerio de Consumo — Notarial advice in a sale

Does reviewing the draft replace the inspection of the property?

No. It allows you to check the final document, but it does not replace the legal, planning or technical checks the transaction requires.

What if the version at signing includes changes?

Ask for them to be identified and explained. Check their effect before giving consent; reviewing an earlier version is not the same as accepting later amendments.

Can my lawyer review it?

Yes, if it is within their engagement. Give them the draft, the earlier contracts and the relevant proof of payment with enough time.

Arrive at signing with the terms clear

Reviewing the draft lets you confirm the deed reflects the transaction you want to formalise. Organise the clarifications in advance and make sure you understand the payments, the handover and the outstanding obligations.

At MH Legal & Seguros we advise national and international buyers on property transactions across Spain, with service in your language and offices in Dénia, Gandía and Villalonga.

Contact our team at info@mhlegalyseguros.com to review the documents for your purchase.