Buying Property in Marbella: How to Sign a Deed of Sale at Two Different Notaries

26 Dec 2025 | Buying and Selling FAQ

Buying property in Marbella is becoming increasingly common among both national and international buyers looking for a second residence, an investment, or a permanent home on the Costa del Sol. In many of these transactions, the buyer and the seller are unable to attend the same notary’s office on the same day, either because they live in different cities, are abroad, or due to personal or health-related reasons.

In such cases, Spanish law allows the deed of sale of a property to be signed at two different notary offices, provided that it is a single public deed and that proper coordination exists between the notaries involved.

In this article, we explain the legal procedure when the buyer signs first, a situation that frequently arises when buying property in Marbella, especially under specific circumstances.

Is it legal to buy property in Marbella by signing at two different notaries?

Yes, it is completely legal. The Spanish Notary Act (Ley del Notariado) allows the same public deed to be signed by the parties at different notary offices through separate appearances. This does not involve two different deeds, but rather one single original deed, jointly authorised by both notaries.

This procedure is common when buying property in Marbella in cases where:

The buyer lives outside Spain
The seller is unable to travel
The transaction is carried out from another province
There are scheduling constraints

As long as the process is properly coordinated, the transaction is fully legally valid.

Choice of the principal notary in a property purchase in Marbella

When the buyer signs first, it is customary for the buyer’s notary to act as the principal notary. This notary will be responsible for:

Drafting the deed of sale
Coordinating the procedure with the seller’s notary
Safekeeping the final original deed

Importance of prior preparation when buying property in Marbella

In a transaction signed at two different notaries, the deed cannot be amended once the signing process has begun, making prior preparation essential. Before the buyer signs, all documentation must be finalised and thoroughly reviewed.

Typical documentation in a Marbella property transaction includes:

Updated land registry extract (nota simple)
Seller’s title deed
Energy performance certificate
Latest property tax (IBI) receipt
Certificate confirming no outstanding community fees
Identification of buyer and seller
Clearly defined payment methods
Where applicable, valid powers of attorney

Proper prior review helps avoid delays and subsequent issues.

Coordination between notaries

To buy property in Marbella through a two-notary signing process, direct coordination between both notaries is essential, including:

Exchange of the final version of the deed
Verification of the legal capacity of the parties
Coordination of signing dates and times
Compliance with anti-money laundering regulations

The General Council of Notaries provides secure electronic systems to facilitate this coordination.

Buyer’s signing at the principal notary (first signing)

The procedure begins with the buyer’s signing, which is common when buying property in Marbella and the seller is unable to attend.

At this stage:

The notary identifies the buyer
The buyer’s legal capacity is verified
The deed is read and explained in full
The buyer signs the deed
The notary authorises the appearance

At this point, the transaction is not yet completed, as the seller has not signed.

Communication of the signing to the seller’s notary

Once the buyer has signed:

The principal notary electronically notifies the seller’s notary
The authorised text of the deed is forwarded
The content of the deed is confirmed as final

From this moment onwards, no changes can be made.

Seller’s signing at their notary: completion of the transaction

The seller later appears before their own notary:

The notary verifies the seller’s identity and capacity
The deed already signed by the buyer is explained
The seller signs the deed
The notary authorises the appearance

With this second signature, the purchase of the property in Marbella is fully completed, and ownership is legally transferred.

Payment methods when buying property in Marbella

The payment methods must be clearly reflected in the deed. The most common options are:

1.Conditional prior bank transfer

A common option when the buyer signs first:

The buyer transfers the funds before the seller signs
The funds are clearly identified in the seller’s account
The deed states that payment was made in advance

This method requires full trust between the parties and proper notarial coordination.

2.OMF bank transfer (most secure and commonly used option)

The OMF transfer (Order for Movement of Funds) is the most widely used and recommended payment method when buying property in Marbella through two notaries.

What is an OMF transfer?
It is an immediate, irrevocable bank transfer with full traceability, ordered and executed at the exact moment of signing.

Typical operation in a two-notary signing:

The buyer signs first
The funds remain in the buyer’s account until the seller signs
At the exact moment the seller signs before their notary, the OMF transfer is ordered
The seller receives the funds immediately or within minutes
Both notaries expressly record the payment method used

This system guarantees that the transfer of ownership and payment occur simultaneously, providing maximum legal security.

3.Immediate SEPA bank transfer

In some cases, an immediate SEPA transfer is used:

The amount is transferred on the same day as the signing
Funds are usually credited within seconds or minutes
Transfer limits may apply depending on the bank

While valid, it is less common than OMF transfers for high-value transactions.

4.Banker’s draft (nominal cheque)

When buying property in Marbella, the use of banker’s drafts is becoming less common, having largely been replaced by:

OMF transfers
Immediate bank transfers

However, when a banker’s draft is used and the seller is not present, notarial custody is the general rule.

Post-signing procedures

Once both signatures have been completed:

Issue of simple and authorised copies of the deed
Payment of applicable taxes (Transfer Tax or VAT and Stamp Duty)
Registration with the Land Registry
Change of utility ownership
Notification to the homeowners’ association

These procedures are identical to those of a transaction signed at a single notary.

Costs and timelines

Signing at two notaries may involve a slight increase in notarial costs, although this is usually modest.

In terms of timelines, it requires more detailed prior planning but does not cause delays if properly coordinated.

Advantages of this system when buying property in Marbella

Facilitates international transactions
Avoids unnecessary travel
Provides legal certainty
Is a well-established notarial practice
Allows complex transactions to be completed without delays

Importance of professional advice in Marbella

When buying property in Marbella through a two-notary signing process, having a local real estate agent or legal advisor with local experience is highly recommended to coordinate notaries, documentation and deadlines.

Conclusion

Buying property in Marbella by signing the deed at two different notaries is a legal, secure and increasingly common procedure. When the buyer signs first, the transaction remains fully valid provided there is proper notarial coordination and thorough prior preparation.