What a Notary Does in a Colombian Property Sale
A Colombian notary (notario) receives, drafts and authorises the public deed (escritura pública) required for a property sale. The notary answers for the deed’s formal regularity. The notary does not answer for the truth of the parties’ declarations. The notarial function is incompatible with practising as a lawyer. The notary is not your lawyer and does not replace a title study.
This guide uses the text of Decreto-Ley 960 de 1970, the notarial statute.
What it is
What does the notary do?
- Authorises the deed. Notaries receive, draft and authorise declarations that require a public deed under the law (art. 3). Every act or contract that disposes of or encumbers real estate requires a public deed (art. 12).
- Drafts or reviews the text. Drafting belongs to the notary (art. 6). The parties or their advisers may present a draft. When the notary drafts it, the notary must inquire into the parties' purposes and include the essential elements (art. 15). The notary reviews the declarations the parties present and may suggest corrections (art. 17).
- Points out irregularities. The notary must watch over the legality of the declarations and point out the irregularities the notary notices (art. 6).
Who it applies to
Who checks the title, then?
Your own Colombian real estate lawyer studies the title. The lawyer works for you, not the seller, developer or agent. A title study starts with a recent title certificate (certificado de tradición y libertad) and looks beyond it. The lawyer may also compare the draft deed (minuta) with the promise contract before signing day. For help reading the certificate text, see the title certificate reader.
Steps
What should you ask the notary's office?
- Ask which documents the notary needs on signing day.
- Confirm whether originals or copies are needed.
- Request a written preliminary liquidation (preliquidación) of notary fees and taxes before signing day.
- Ask whether the official notarial tariff covers the interpreter’s fee.
Educational information, not legal or tax advice. For your purchase, ask a Colombian real estate lawyer (abogado inmobiliario) and certified public accountant (contador público). Ask a tax professional and lawyer in your home country about the effects there. Finding trusted services shows how to check that a Colombian lawyer is registered.
Documents
What if you do not speak Spanish?
Notarial instruments use Spanish. If a party does not know Spanish well enough, an interpreter assists and signs with them (art. 16). The notary records this. You designate the interpreter, or the notary does if you do not (Decreto 1069 de 2015, art. 2.2.6.1.2.1.16). If you cannot attend, someone may sign for you with a power of attorney; see buying by power of attorney.
Exceptions
What does the notary not do?
- Notaries answer for the formal regularity of the deeds they authorise (art. 9). They do not answer for the truth of the parties’ declarations or their legal capacity to make the contract.
- The notarial function is incompatible with practising as a lawyer (art. 10, as amended by Ley 29 de 1973). The notary does not represent you.
- The notary is not an escrow agent; see escrow in Colombia.
- Signing the deed is not the last step. Ownership passes only when the deed is registered; see closing costs and registration.
Official sources
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Frequently asked questions
Is the notary my lawyer?
No. The notarial function is incompatible with practising as a lawyer (Decreto-Ley 960 de 1970, art. 10, as amended). Ask your own Colombian real estate lawyer to study the title and review the contract.
Does the notary check the title?
Notaries answer for the formal regularity of the deeds they authorise (art. 9). They do not answer for the truth of the parties’ declarations. A title study is your lawyer's work.
Do I need an interpreter at the notary?
If a party does not know Spanish well enough, an interpreter assists and signs with them (art. 16). You designate the interpreter, or the notary does if you do not.
Not sure which topics to raise? Take the quiz. The Colombia Owner Kit (US$79, instant download) turns this guide into a checklist, a calendar entry and a question list: see what’s included. Or start with the free sample: Chapter 4, the due-diligence checklist.