The right to choose a Notary

If you ask who chooses the Notary, the citizen has the right to receive impartial and high-quality advice. Consequently, every citizen has the right to freely choose this professional.

This right guarantees that the citizen receives objective and impartial legal information before signing a contract. Thus, anyone can be sure of having access to the appropriate information to make their decision. This right is regulated by article 126 of the Regulation of the Organisation and Regime of the Notariat.

Thanks to the right to be informed in a timely manner and to avoid possible litigation, the citizen can attend any notary’s office to be properly informed at any time.

On the same day as the signing of the Deed or the Act, the Notary will inform about the content of the document before it is signed. But this process is carried out in advance of the signing and with sufficient calm to ensure that the parties clearly and properly understand the content. Therefore, it is important to have a trusted Notary to advise you before any procedure.

If despite the established right, you consider that you have not been allowed to choose the Notary and, therefore, your right of choice has been violated, you have ways to assert your position:

• Report the situation to the courts of Justice or to a consumer protection office.
• Before filing a complaint, it is advisable that you know your rights in notarial law and use the tools it provides. For example, inform the professional you have chosen about the existence of the conflict with the other party. This person will be the one to notify the Notarial Association of the region where they are. The association itself will resolve the conflict.
• You can go directly to the Notarial Association and report the case. These institutions have the necessary powers to enforce the laws.

The choice of this professional is a straightforward procedure if both parties within the contract agree on the choice. However, it may be that one of the parties does not agree with the person chosen to witness the legal act. In such a case, the party paying the larger amount of the object of the act will be the one to make the decision.

It may happen that one of the parties involved is a large company. For example, a major operator, a property developer, or a financial institution, and the other party is a private consumer. In this case, the right to choose the Notary lies with the consumer.

Free advice and the freedom to choose this public figure are fundamental. It allows those who lack legal or juridical experience to have access to a quality service. Also, for those with a lower income level, having this regulation is a support.