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The Legal Procedures for Buying and Selling a Home

The Legal Procedures for Buying and Selling a Home

10 07 - 2023

The Legal Procedures for Buying and Selling a Home


Buying or selling a home is an exciting process, but it also involves a series of legal procedures that must be fulfilled to ensure a successful transaction. In this article, I will guide you through the main legal procedures that you need to consider when buying or selling a home. From the necessary documentation to the importance of the notary, you will learn everything you need to know to carry out these procedures effectively.

Necessary Documentation


When buying or selling a home, it is necessary to have a series of legal documents. These documents vary by country and region, but some of the most common ones include:

  • Deed of sale or earnest money contract: this document establishes the terms and conditions of the transaction.
  • Certificate of ownership and charges: verifies that the seller owns the property and that there are no charges or liens on it.
  • Simple registry note: provides detailed information about the property, such as ownership and possible legal limitations.
  • Last receipt of property tax: confirms that the seller is up to date with municipal tax payments.
  • Energy certificate: indicates the energy efficiency of the home.


Seeking Legal Advice


Given the complexity of legal procedures, it is advisable to seek the advice of a lawyer specializing in real estate law. A professional in the field will help you understand legal documents, review contracts, and provide guidance throughout the process.

Financing and Guarantees


If you require a mortgage loan for the purchase of the home, additional procedures will be necessary with the financial institution. These procedures include the submission of financial documentation, the bank's assessment of the property, and the formalization of the mortgage. Likewise, both the buyer and the seller must ensure that they have the necessary guarantees to protect their interests.

Importance of the Notary in the Purchase and Sale of a Home


  • The figure of the notary. In the purchase and sale of a home, the notary plays a crucial role. The notary is a law professional responsible for giving public faith to the transaction and ensuring that all legal requirements are met. Their presence is mandatory at the signing of the deed of sale.
  • Functions of the notary. The notary is responsible for verifying the identity of the parties involved, ensuring that the documentation is complete and in order, explaining the terms and conditions of the contract to the parties, and drafting the deed of sale. In addition, the notary is responsible for registering the operation in the Property Registry so that the transaction is legally valid.
  • Notary costs. It is important to keep in mind that notary services carry costs. These costs vary according to the value of the home and the complexity of the transaction. Therefore, it is advisable to inform yourself about notary fees before proceeding with the sale.


The purchase and sale of a home involve a series of legal procedures that must be met to ensure a successful transaction. From gathering the necessary documentation to the importance of a notary's presence, each step is crucial to protect the interests of all parties involved. Make sure to have the right advice and to meet all legal requirements to carry out a safe and hassle-free sale. Remember that the information provided in this article is general and can vary by country and region, so it is advisable to seek advice from real estate law professionals.

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Calle Verge Del Carme, 52
07659
Cala Figuera (Baleares)
  • Petra Pekna Real Estate
  • Calle Verge Del Carme, 52
  • 07659 Cala Figuera (Baleares)
  • +34 871532007
  • +34 634827567

© Petra Pekna Real Estate 2024

Legal Notes