You have the right to choose your notary
The right to freely choose a notary is an essential right of the consumer, protected by the notarial law and by the consumer law* , that requests the obligation to be respected; is considered illegal, because of abusive, any behaviour or contractual clause by which you are prevented to exercise your right to choose a notary. With this exercise of the right to choose you will help us to improve free competition between notaries and to provide our function with a greater effectiveness, without impairment of the duty of impartiality.
If you are not acquainted with any particular notary, you can contact the Colegio Notarial de Cataluña (Notarial Association of Catalonia). You will be informed, in accordance with objective criteria, on a notary practicing in the place where you are willing to execute the document.
Colegio Notarial de Cataluña
C/ Notariado, 2. Barcelona
info@catalunya.notariado.org
Tel.: 93 317 48 00
In a purchase and sale, the purchaser is who chooses the notary
When it is wished to execute a public deed in which another party is to intervene, the right to choose a Notary shall fall on who is bound to pay most of the fees. For example, in a purchase and sale, who is bound to pay most of the notary fees shall be the purchaser, therefore the right to choose the Notary before who the deed is to be executed falls on the purchaser.
As client of a bank or purchaser of an asset or right, you have the right to choose the Notary
In the event of bank contracts or onerous transfers of assets or rights performed by physical or legal persons who are usually engaged in it or under general conditions of contracting, the right to choose the Notary shall fall on the client of the bank or on who purchases the assets or rights to balance the possible position of predominance by one of the parties. The practice according which the Notary is to be chosen by a great economic operator, mass contracting party, is an abusive practice in prejudice of the client.
The Notary provides special assistance to the party that is most in need of it
The Notary shall advise the parties with impartiality and shall have care of the respect of the basic rights of the consumers and users, providing special assistance to the party that is most in need of it.
If you deem that your right to choose a Notary has been infringed, please let us know it
If you deem that your right to freely choose a Notary has been infringed, you may denounce it at the Colegio Notarial de Cataluña, through the Consumer Service (Servicio de Atención al Usuario) (sau@catalunya.notariado.org.).
* The right to freely choose a notary is mainly governed by the articles 3, 126 and 127 of the Notarial Rule, in the article 262-4 of the Consumer Law of Catalonia and in the Order EHA/2899/2011, of 28 October, of transparency and protection of the clients of banking services.
