CAN I BE DENY THE CHOICE OF A NOTARY?

I make this entry in the news section as a result of the search elements through which people reach my website. One of them says, can the manager deny me the right to choose a Notary? It is not his who has carried out the question, if he is a person from a nearby town or, on the contrary, he can be many kilometers away. But I have to answer categorically that an agency cannot impose the notary before whom a deed is signed. Although clarifying the issue, I imagine that when talking about a manager it must be one of those that are linked to banks.

The choice of notary corresponds:

In the first place, to whom you request the provision of the service. It is evident that an act in which a single person acts, will be the one who will decide which notary to go to.

Secondly, in the case of a deed in which several people act, it will be what the parties have agreed to and if an agreement is not reached, the right of choice will correspond to the person obligated to pay the majority. of tariffs.

But the provisions of the previous section have an important limitation, since in real estate sales carried out by people who are habitually dedicated to it, or under general contracting conditions, as well as in the cases of bank contracting, the right of choice will correspond to the acquirer or client of those.

Therefore, whenever it is contracted with a bank or a real estate company, they cannot impose the Notary before whom it is signed. You can also choose a notary in the cases of daciones en pago. On the other hand, notaries have the duty to respect the free choice of notary made by the interested parties and will refrain from any practice that limits the freedom of choice of one of the parties with abuse of rights or infringing the requirements of contractual good faith.

As we have already indicated in the corresponding section of the website, if your right is not respected, go to the consumer defense offices or notarial associations. When the free choice of notary is prevented, basically there can be two things, comfort or a game of commissions. DO NOT BE PART OF THAT GAME.

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