Signing the purchase deed before a notary: what to review before buying your home

Before signing the purchase before a notary, confirm that the deed (escritura) records what you have agreed: what you are buying, how much remains to pay and when you will receive the home.

After weeks of viewings, documents and conversations with the bank, it is normal to be thinking about the keys. But it is worth reserving time to review the details of the transaction before you sit down to sign.

At MH Legal & Seguros we explain how to prepare for that moment and which matters are worth resolving first.

Review the draft deed in advance

Request the draft when it is available and compare it with the private contract, the arras and any subsequent amendment.

The review lets you spot differences while there is still time to clarify them. Check in particular:

• Who buys and who sells: personal details, representation and each buyer’s share.
• Which property is transferred: home, garage, storage room and any other included annexes.
• The price and previous payments: the amounts delivered must be correctly reflected.
• Pending conditions: cancellation of charges, handover of possession or specific commitments.

If you have agreed that certain furniture or appliances will remain in the home, it is worth documenting it with an inventory.

A difference between what was said and what is written deserves clarification before signing.

Confirm the outstanding balance and how payment will be made

Prepare a breakdown with the total price, the amounts already paid and the outstanding amount.

Then coordinate the means of payment with the bank and the notary. The recipients, the amounts and the documentation needed to identify the payments in the deed must be clear.

For example, if the price is EUR 250,000 and you have paid EUR 25,000 on account, EUR 225,000 of price remains outstanding. That amount may be split among different recipients if part is used to pay off the seller’s debt or to apply a withholding.

The price balance and the purchase costs are different concepts. Also reserve the funds needed to cover the taxes and other costs of your transaction.

Check how the seller’s charges will be resolved

A registered mortgage does not necessarily prevent a sale, but it requires preparing how it will be treated in the transaction.

If part of the price is used to pay off the seller’s loan, it is worth having the bank certificate of the outstanding balance and coordinating the payment and the cancellation.

Paying off the loan does not by itself remove the mortgage from the Land Register (Registro de la Propiedad). The registration cancellation requires its own processing.

The review should specify who will handle it, who will bear the costs and how it will be verified as completed. If another charge exists, such as an attachment, a solution suited to that situation must be analysed.

If the seller is a non-resident, review the withholding

The seller’s tax residence can affect the payments at signing.

When a non-tax-resident without a permanent establishment sells, the buyer must, as a general rule, withhold and pay 3% of the consideration corresponding to that seller, using form 211 (modelo 211).

It is a payment on account of the seller’s tax: it is deducted from what is delivered to them and paid to the tax authority. It is not an additional tax on the price charged to the buyer.

It is worth checking the tax residence and preparing the calculation before finalising the means of payment.

Make the key handover and possession date clear

The handover must match what was agreed. If it is planned for the signing day, confirm that the home will be available in the agreed conditions.

A visit close to that date can help you check its condition, the items included and whether any belongings remain to be removed.

If the seller will stay in the home after signing, expressly document:

• The departure deadline.
• The expenses and responsibilities during that period.
• The conditions of upkeep and handover.
• The consequences of a delay and any agreed guarantees.

Avoid leaving this period subject only to a verbal promise. Any existing lease or occupation should also be reviewed.

Organise the documentation and your attendance

Confirm with the notary which original documents you must bring and what information should have been provided in advance.

If you are buying through a representative, check in advance that the power of attorney allows the intended transaction. If it comes from abroad, check the legalisation or apostille and translation requirements that apply.

If you do not sufficiently understand the language of the deed, say so in advance so the necessary assistance can be arranged.

For homes subject to horizontal property (propiedad horizontal), also review the certificate of community debts and any special assessments (derramas). Under the state law, the seller must provide the legally required certification, unless the buyer expressly waives it; it is not advisable to accept that waiver without weighing its consequences.

If you buy with a mortgage, also prepare the loan signing

The purchase and the mortgage loan are separate transactions, even if they are formalised the same day.

When Law 5/2019 applies, the prior information and advice requirements must be met. Among them is the notarial transparency deed (acta notarial de transparencia), which must be formalised, at the latest, the day before the loan deed.

Confirm with the bank and the notary that the deadlines have been met and that the funds will be available to pay for the purchase.

During the signing, ask what you need

The notary verifies the identity, capacity and authority of the parties, controls legality and provides impartial advice.

Listen to the explanation of the deed and ask for any clause you do not understand to be clarified. If a new condition or a different detail from the one reviewed appears, check its consequences before giving your consent.

Prior legal preparation helps you reach that moment with your interests and the specific agreements of the transaction already reviewed.

After signing, complete the formalities

Keep the deed and the proof of payment. Confirm who will handle the tax returns, the registration filing and the follow-up of pending cancellations.

In an ordinary purchase, registration is not, as a general rule, what transfers ownership, but it provides important legal protection. It is also worth organising the utilities and notifying the change of ownership to the community.

Are you preparing the signing of your home?

At MH Legal & Seguros we help you review the documentation, check the agreements and coordinate the payments, the charges and the handover conditions.

Contact our team and tell us where the property is and what signing date you have planned.