What constitutes the escritura paperwork in Spain

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04 Mar 2013 9:26 PM by Calahonda52 Star rating. 7 posts Send private message

The selling agent has asked for the escritura.

 

I have the folder which we got when we bought in 2003: each  face page has a sequential number on it as well as a 15 cent 'stamp'.


the first section-6 face pages-looks like a sworn document which describes the folks from whom we bought, as well as describing us and it includes the price we paid. it also shows what the seller owed to whom.

Of what relevance is that information to the selling agent we have engaged?

The next 2 sided page is the Nota Simple Informativa which has all the property details, with the seller, to us, shown as the owner.

Again what business is that of our selling agent?

The next face page is the old owners IBI details.
the back of it is a certificate from the bank detailing the amount we transferred from Ireland and the net amount paid to our lawyers as the purchase price before vat.


The next face page is related to registration, by fax, by the seller's notary, with the back of it describing the sequential numbering system for this pack.

the next page has the face side deliberately left blank
[ este folio en blanco se sella y rubrica solo a los efectos de lo dispuesto en al articulo 241 del regalamento notarial ]

the back of it has the following details.

Registro de la Propiedad numero dos de Mijas
and refers to
la inscription
en el tomo
libro
folio
finca registral numero
a favour de los conyuges: me and my spouse.
This is the only page that seems relevant.

---
Am I obliged to give copies of all of this stuff to the selling agent who will then show it to all and sundry?
They will do the Nota Simple and I will get the IBI and community fee stuff.

Thanks
 





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04 Mar 2013 10:07 PM by baz1946 Star rating. 2327 posts Send private message

The selling agent cannot sell your house unless they have this, give them a copy of every page, maybe leave out the page telling what you paid, i did, if they ask give it, but probably they wont, but the buyers solicitor will probably still tell the buyer what you paid, does it really matter if the buyer knows and you get to sell the house for what you want, mine was over 17 pages long and i copied everything....don't give the original over.





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04 Mar 2013 10:35 PM by gaula Star rating in marbella and the u.k. 64 posts Send private message

 The selling agent must have this document by law otherwise they are commiting an offence if they list your house . Baz is correct though just give a copy and keep the original





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04 Mar 2013 11:42 PM by aliton Star rating. 331 posts Send private message

 

Hi.

We went through the process as BUYERS in Setember 2012. The Agent ( Mercers Camposol ) gave us "a copy" of the Escritura for the property we had made an offer on which detailed who was selling, and addresses in Spain so thats what they are asking you for. We are due to collect the orginals in a few weeks ( 7 months later) from solicitors.  As it was a cash purchase with no spanish mortgage it might be more simple than some . I suppose it might be more involved if a mortage is involved. We are also gettin our Habitation Documents which are to prove the building is as indicated and as I undertand ensures it met, planning law . All these documents are in spanish . But I understand some pay a translator to have a copy in English.

 

PS Its a good way to try and learn some Spanish....... if you get a Spanish - English Dictionary and try to translate it youself. It will read back to front but you will be able to follow it.... then you need to decide if you will ATTEND at the Notary on transfer day or would give give Power of Attorney to your Legal firm.



_______________________

  Fomer member revisiting r.

 

 

 




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05 Mar 2013 7:37 AM by johnzx Star rating in Spain. 5242 posts Send private message

In Spain one never gets the original escritura (property deeds) but a ‘Copia Simple’.  
 
A Nota Simple is an extract from the Property Register





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07 Mar 2013 4:27 PM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

mariadecastro´s avatar

Aliton said:  I suppose it might be more involved if a mortage is involved.

If a mortgage is involved, you will have either two different deeds or a longer one which compiles both legal businesses. 



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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09 Mar 2013 10:28 AM by Calahonda52 Star rating. 7 posts Send private message

 Thanks for all the replies.

Academic in our case as it seems our lawyers cannot find the property on the register to produce the Nota Simple.

Looks like we were defrauded in 2003.

for what its worth:

re  The selling agent must have this document by law otherwise they are commiting an offence if they list your house .

I dont believe this to be correct, where this document relates to the escritura

If you look at Section 10 of the 218 act and annex V, it shows what the estate agent needs. it does not require the escritura.

 

 

 





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