Crafty Notaries Bad Practice
Feb 15th 2007, 6:51 am
#1
Lost in BE Cyberspace
Thread Starter
Joined: Jun 2005
Location: Puente Esuri
Posts: 6,903
Crafty Notaries Bad Practice
Hi All,
We are now a week from signing the Escritura on the Plot at Costa Esuri. About a year ago I seem to recall that someone (Beachcomber I think) posted on one of the many Chiclana threads about the bad practice of some Notarios who try to release themselves from their legal obligations by adding a clause into the deed.
This catch all clause would release the Notario from the responsibility for charges found against the property after purchase amongst other things.
Anyone else remember or have knowledge of this and where I should look for the Spanish phrase to be wary of or other tricks that might be played at the final moment.
Regards,
John.
</IMG>
We are now a week from signing the Escritura on the Plot at Costa Esuri. About a year ago I seem to recall that someone (Beachcomber I think) posted on one of the many Chiclana threads about the bad practice of some Notarios who try to release themselves from their legal obligations by adding a clause into the deed.
This catch all clause would release the Notario from the responsibility for charges found against the property after purchase amongst other things.
Anyone else remember or have knowledge of this and where I should look for the Spanish phrase to be wary of or other tricks that might be played at the final moment.
Regards,
John.
</IMG>
Feb 15th 2007, 8:13 am
#2
Still young member
Joined: Feb 2007
Location: Marbella
Posts: 290
Re: Crafty Notaries Bad Practice
Ive not heard of this certainly at my end of Spain. Surely its the duty of the Notary to ensure everything is paid to date on signing day!!!
Make sure you have agood lawyer to read throguh the escritura before you sign it - he should translate it property for you and ensure this clause is not in there!
Good luck
Make sure you have agood lawyer to read throguh the escritura before you sign it - he should translate it property for you and ensure this clause is not in there!
Good luck
Feb 15th 2007, 8:44 am
#3
BE Forum Addict
Joined: May 2004
Location: Guadalhorce Valley, Málaga
Posts: 1,059
Re: Crafty Notaries Bad Practice
Anything that is deliberately left out will have been with the connivance of the lawyer because he has not been able. or could not be bothered, to get certain paperwork.
Get-out clauses are often preceded by the words 'por razones de urgencia' and can be anything from not ensuring the attendance of a qualified translator to not checking with the property registry immediately prior to the signing. Another one often imposed is not incorporating a copy of the current IBI receipt.
Apart from this you should insist on the transaction being communicated to the property registry immediately subsequent to the signing. This costs a little more but is the equivalent of carrying out an 'asiento de presentación' which prevents the seller from selling the property again or taking out a mortgage on it before it is fully registered.
Even if your lawyer 'speaks English' I would advise taking a professional independent legal translator to the notary with you so that you know exactly what the escritura contains not someone's edited version of what they want you to hear or even worse, 'ah yes zat ees all fine you can sign here'.
Get-out clauses are often preceded by the words 'por razones de urgencia' and can be anything from not ensuring the attendance of a qualified translator to not checking with the property registry immediately prior to the signing. Another one often imposed is not incorporating a copy of the current IBI receipt.
Apart from this you should insist on the transaction being communicated to the property registry immediately subsequent to the signing. This costs a little more but is the equivalent of carrying out an 'asiento de presentación' which prevents the seller from selling the property again or taking out a mortgage on it before it is fully registered.
Even if your lawyer 'speaks English' I would advise taking a professional independent legal translator to the notary with you so that you know exactly what the escritura contains not someone's edited version of what they want you to hear or even worse, 'ah yes zat ees all fine you can sign here'.
Feb 15th 2007, 8:47 am
#4
Welsh Ambassador to Spain
Joined: Dec 2006
Posts: 1,741
Re: Crafty Notaries Bad Practice
Hi All,
We are now a week from signing the Escritura on the Plot at Costa Esuri. About a year ago I seem to recall that someone (Beachcomber I think) posted on one of the many Chiclana threads about the bad practice of some Notarios who try to release themselves from their legal obligations by adding a clause into the deed.
This catch all clause would release the Notario from the responsibility for charges found against the property after purchase amongst other things.
Anyone else remember or have knowledge of this and where I should look for the Spanish phrase to be wary of or other tricks that might be played at the final moment.
Regards,
John.
</IMG>
We are now a week from signing the Escritura on the Plot at Costa Esuri. About a year ago I seem to recall that someone (Beachcomber I think) posted on one of the many Chiclana threads about the bad practice of some Notarios who try to release themselves from their legal obligations by adding a clause into the deed.
This catch all clause would release the Notario from the responsibility for charges found against the property after purchase amongst other things.
Anyone else remember or have knowledge of this and where I should look for the Spanish phrase to be wary of or other tricks that might be played at the final moment.
Regards,
John.
</IMG>
If so.....REFUSE!!!!!!!!!!!!!!!!!!
Carlos Toledo the notary in Punta Umbria is the notary of choice for Fadesa despite there being at least 14 others between Esuri and Punta. He is also one of the more expensive. Why did they choose to use him you may well wonder when there are many others closer? Maybe it has something to do with the numerous properties he "acquired" prior to the announcement he was to be notary of choice.
You can choose WHICHEVER notary you want, not just the one "recommended" by Fadesa. The Ayamonte notary is good enough but I would recommend the notary in Isla Cristina. His English is perfect and he's a straight shooter - he won't alllow any funny business.
Despite what Fadesa might tell you, it's your call so you tell them where you are signing NOT the other way around
Feb 15th 2007, 9:50 am
#5
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Joined: May 2004
Location: Guadalhorce Valley, Málaga
Posts: 1,059
Re: Crafty Notaries Bad Practice
I don't live in the area but once used a notary in Punta Umbría called María Gómez-Rodulfo García de Castro who seemed straightforward and trustworthy.
Do you know if this a different notary in the same practice or a different office altogether? I seem to remember that the office was towards the end of the main street on the left.
Do you know if this a different notary in the same practice or a different office altogether? I seem to remember that the office was towards the end of the main street on the left.
Feb 15th 2007, 10:14 am
#6
Lost in BE Cyberspace
Thread Starter
Joined: Jun 2005
Location: Puente Esuri
Posts: 6,903
Re: Crafty Notaries Bad Practice
I don't live in the area but once used a notary in Punta Umbría called María Gómez-Rodulfo García de Castro who seemed straightforward and trustworthy.
Do you know if this a different notary in the same practice or a different office altogether? I seem to remember that the office was towards the end of the main street on the left.
Do you know if this a different notary in the same practice or a different office altogether? I seem to remember that the office was towards the end of the main street on the left.
Yes location spot on any further and you will be in the river.
I think several Notaries work in that office certainly there is one very smart Lady Notary and a couple of chaps.
Regards,
John.
