Selling a property in Spain ends at a notary’s office, where the deed of sale is read aloud in Spanish and signed by both parties. For English-speaking sellers, this is a formal legal moment conducted entirely in a language most do not speak fluently. Understanding what is happening and what you are agreeing to is not optional.
This guide explains the notary signing from a seller’s perspective and what you need to have in place before the day.
What does the notary do?
The notario is a state-appointed public official who verifies the identities of all parties, confirms the deed reflects the agreed transaction, and oversees the legal completion. The notary is impartial: they do not act for you as the seller, and they will not flag concerns on your behalf.
Your abogado (solicitor) is the person to raise any concerns with, and this should happen well before the signing appointment.
Clearing any mortgage or charges on the property
If there is an outstanding mortgage on the property, it must be formally cancelled at the notary at the point of sale. This is known as a cancelación hipotecaria. In practice, the buyer’s payment is used to settle the outstanding mortgage balance with your lender, and a representative from the bank will normally attend the signing for this purpose.
Any other charges registered against the property, such as unpaid IBI (property tax), community fees, or other debts secured against it, must also be accounted for. These will appear in the deed, and the buyer’s team will have checked the registro de la propiedad beforehand. Unresolved charges can delay or block the signing.
What happens at the signing
The notary reads the entire escritura de compraventa (deed of sale) aloud in formal legal Spanish. As the seller, you are confirming that the property is being transferred on the terms set out in the deed, that any outstanding charges have been dealt with, and that you are receiving the agreed payment.
The reading is conducted at pace. The notary will not translate or pause to explain. Once it is complete, all parties sign.
If you do not follow what is being read, you are signing a legally binding document you have not understood. That includes confirming the sale price, the costs allocated to you, and the terms of any conditions attached to the sale.
Capital gains and other tax considerations
Selling a property in Spain may give rise to tax obligations, including capital gains tax (plusvalía municipal, paid to the local council, and IRPF on any profit from the sale). These are separate from the notary process and are the responsibility of your abogado or gestor to advise on. Jodie is a translator, not a tax adviser, but she can help you understand any related documents.
What to bring
Your abogado should confirm the specific requirements for your transaction. As a general guide, expect to bring:
- Your NIE (original)
- Your passport (original)
- The original escritura from when you purchased the property
- Your mortgage details if there is an outstanding balance
- Any IBI receipts your abogado has requested
How Jodie can help
Jodie accompanies English-speaking sellers to notary appointments across the Costa Blanca, including Torrevieja, Guardamar del Segura, Ciudad Quesada, Rojales, and surrounding areas.
She translates the deed as it is read, ensures you understand what you are confirming before you sign, and raises any question on your behalf in the room. If something in the document does not match what you agreed with the buyer or your agent, she flags it before the signing proceeds.
To arrange support for your notary appointment, call or message Jodie on +34 623 733 286 by phone or WhatsApp.