If you’re buying or selling a house in Spain, it’s worth considering who pays the notary. As we know all property transactions in Spain have to be supervised and legalised by a notary.  That means that the vendors and buyers, or their representatives, must attend the notary’s office, or notaría.

What is often misunderstood is: who is liable for the notary’s fee?

Those of us who have already bought property in Spain will probably have paid the full bill.  If Spanish vendors are involved that will almost certainly be the case.  Interestingly, many of us who have sold a Spanish property have also had to foot the bill!  So, what is going on?  What is really right?

According to statute, the vendor is responsible for the entire notary fee.  However, this can be varied with the agreement of both parties.  Custom and practice in certain parts of Spain, particularly in Ronda and the Serranía de Ronda, is that the fee is shared, with the vendor paying around two thirds and the purchaser one third.

So, if your private sale contract states that you will pay the whole fee, it might be worth querying it.  The amount is not huge, around 600 euros on a 200,000 euro property, but it’s the principle, isn’t it?

See http://www.notariado.org/inf_jur/compraviv/1.htm

©  Paul Whitelock

See also:

A1 HomeFinders: Looking for property in Southern Spain?

A1 SpanishLife: Buying and selling property

A1 SpanishLife: Spanish Law

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