Why is it impossible today to buy an apartment completely online without a notary? The Crisis that was formed due to the coronavirus, has caused many processes of buying and selling apartments and mortgages to be on hold. Only transactions that a notary recognizes as truly extremely urgent can proceed. The rest of us will have to wait until things get back to normal.
When you buy or sell real estate, you need to gather a certain set of documents. Some of them can be requested and executed online, but not all of them. A notary can authorize a particular document or amend it. That is why one of his duties is to verify the identity of each party (buyer and seller). That in his opinion they have certain rights and legitimacy, that the consent was given voluntarily and and lawfully, etc.
.
That is why it is so important that the sale is signed in person in the presence of a notary. The General Council of Notaries emphasizes that there is currently no alternative to other online services. And to find out if your situation is an emergency, you need to contact your chosen notary. You can also make an appointment in person.
Notaries cannot close their offices as it is a government structure. Since the declaration of a state of emergency in Spain, they only take part in urgent processes. And also in certain actions specified by the government.
On the one hand, the mortgage application process remains the same, as banks continue to provide services and will continue to analyze the mortgage applications received. But on the other hand the process becomes more complicated due to the current situation. And buying an apartment completely online is simply not possible. The process of final inspection and signing the mortgage is very complicated. Some appraisers cannot visit the properties, and without the appraisal report, the bank cannot issue a final decision or send the documentation to the notary. Therefore, it limits its activities to what is strictly an urgent matter. Therefore, the process can only be completed for transactions that have already been prepared for signature. Or have a valid reason, such as the expiration of a contract.
At the same time, the process can be completed only for those transactions that have already been prepared for signature.
In case the buyer of real estate considers the operation of the dwelling urgent, the provision of public services by the notary will depend on the following points:
- Only the interested party and, according to the notarial law, interpreters or witnesses will be admitted to the notary.
- The notarial act will take place exclusively in a notary office. In any case, this notarial action may be postponed indefinitely. In order to comply with the guidelines set out in Royal Decree 463/2020 of March 14.
- The interested party who visits a notary public must do so on the day and time specified. The visit to the notary’s office must take place with the use of self-defense means that guarantee health safety.
- The employees of the public notary’s office and the notary public must take measures to maintain distance, based on the recommendation of the authorities.
If you are in an uncertain situation regarding the sale or purchase of an apartment during a state of emergency, you can contact us! The Broadway Consulting team can help you with any issue.