The purchase or sale of real estate is rarely “just a signature.” Behind every transaction stands a series of steps in which it is essential to understand who does what: the notary public ensures the formal validity of documents and the authenticity of signatures, while the attorney protects the client’s interests through legal advice, risk assessment, and negotiation of terms. When their roles are properly allocated, the process is faster, safer, and less prone to disputes.
What Does a Notary Public Do in Real Estate Transactions?
A notary public is the holder of a public office who drafts and certifies certain documents and performs acts that carry special legal authority. In practice, this most often means that the notary ensures the document is prepared in the prescribed form, that the parties are properly identified, and that the signature was indeed given by the person named in the document.
The most common notarial acts related to real estate include:
- Certification of signatures on contracts or statements (e.g., a tabular statement permitting registration)
- Solemnization of a contract (confirmation of a private document giving it stronger evidentiary value)
- Drafting a notarial deed (when the law or circumstances require the strictest form)
It is important to understand the difference between a private document and a notarial deed. A private document is drafted by the parties (or their attorney), and the notary may certify the signature or solemnize it. A notarial deed, on the other hand, is drafted by the notary in their capacity as a public official, following a prescribed procedure and formal requirements.
When Is Signature Certification Enough, and When Is Solemnization Required?
Each specific case requires assessment of the most appropriate form, as the choice affects the legal strength of the document, the possibility of enforcement, and the overall cost.
Certification of a signature confirms the identity of the signatory and the fact that the signature was given before the notary. This is often sufficient when the contract has already been properly drafted and the primary goal is reliable identification (for example, in the case of a tabular statement).
Solemnization goes a step further: the notary confirms a private document after establishing that the party understands its content and legal consequences, and that the document complies with statutory form requirements. In practice, solemnization is used when additional legal security is desired, especially in more complex arrangements (e.g., installment payments, delayed transfer of possession, mortgages, annotations in the land register, etc.).
For certain legal transactions, the law may prescribe a stricter form or special formal requirements. It is therefore advisable to clarify early on what is mandatory and what is merely recommended in a particular procedure.
The Role of the Attorney: Protecting the Client’s Interests
An attorney is not merely a “signature service,” but a legal representative acting in the client’s interest. Their role is particularly important before the contract is even drafted, as most risks arise at that stage.
In real estate transactions, an attorney typically:
- Verifies the legal status of the property (ownership, encumbrances, annotations, potential disputes)
- Assesses specific risks (e.g., co-ownership, marital property, powers of attorney)
- Drafts or revises the contract to ensure enforceability and compliance with the law
- Negotiates terms (deadlines, deposits, security instruments, transfer of possession)
- Coordinates supporting documents necessary for registration or protection of rights
In short, the notary ensures formal validity and proper execution of the public act, while the attorney reduces the likelihood that the client will “legally sign a bad deal.”
Special Cases: Gift Agreements, Powers of Attorney, and Sensitive Situations
In transfers of ownership without consideration, a gift agreement may seem simple but can raise issues such as revocation of the gift, forced heirship rights, or disputes among heirs. An attorney helps anticipate consequences and propose legally stable solutions, while the notary ensures the proper form and identity of the signatories.
Powers of attorney are another area where these roles intersect. When a person cannot appear in person, a power of attorney is used. In practice, a higher level of security is often required, raising questions about whether the power of attorney must be certified, how broad it should be, and whether it must be specific to the particular transaction. The notary certifies the signature and identity, while the attorney ensures that the content of the power of attorney covers all necessary acts and does not leave room for challenge.
In sensitive situations (elderly persons, potential misunderstandings, urgent sales, complex family relationships), an attorney is essential to prevent future court disputes. The notary, through identity verification and confirmation that the party understands the content, further increases legal certainty that the will of the party has been clearly expressed.
Documents, Form, and Legal Strength: Why Details Matter
A sale and purchase agreement, a statement permitting registration, addenda, certificates, and other documents may seem like mere “paperwork,” but a single formulation can determine whether a document is enforceable, registrable, or vulnerable to future challenge.
It is therefore useful to think in three levels:
- Content: Are the rights and obligations clearly defined (price, deadlines, delivery of possession, encumbrances)?
- Form: Is the document in the legally required form for that transaction?
- Strength: Is a private document sufficient, or is signature certification, solemnization, or a notarial deed necessary?
The attorney primarily safeguards the content and the client’s interests, while the notary ensures proper form and public authenticity.
Costs and Organization of the Procedure: Avoiding Unnecessary Steps
The cost of notarial acts depends on the type of act (signature certification, solemnization, notarial deed), the value of the transaction, and the number of copies. Attorney fees depend on the scope of work (advice, due diligence, drafting, negotiations). In practice, unnecessary costs most often arise when a document is drafted without a clear plan, leading to repeated revisions, renewed certifications, or returns for corrections.
The most efficient workflow is usually as follows: the attorney defines and drafts the contract in accordance with the client’s objectives; then the appropriate notarial form is selected (signature certification or solemnization); and finally, the notary performs the act and issues the document in a form ready for further steps. This ensures the client receives a legally sound agreement and a formally valid document, without unnecessary repetition or improvisation that might later result in court proceedings.
