Why Marinas For Sale: Guide To Sell Or Buy

Selling or buying a marina for sale requires countless procedures, documents, and formalities. Although they make the process tedious, they are intended to ensure that the parties involved know and understand all the issues that can affect such an important transaction. The following guide covers basic topics and is based on the premise that the marinas for sale are registered in the sellers' name, have an assigned number, and are not the property of heirs. As you read, you will find links that clarify other situations that could complicate the situation, such as: • If the marina belongs to heirs • If it is not registered in the name of the sellers (lack of Registry tract) • If it is registered in the name of several people and one of them does not appear We hope this guide allows you to make more informed decisions regarding the marinas for sale you intend to make. Whether you carry out the procedures presented here on your own or hire a professional to carry them out, it is unavoidable that you must hire a Notary to prepare the deed of sale and its authorization. Activities before the contract The parties' behavior before the purchase and marinas for sale contract must be based on good faith and loyalty. The parties must cooperate in obtaining relevant information and documents and forming the contract, all under an environment of confidentiality. The parties must assume active behavior and prevent the other party from incurring unnecessary expenses. The seller must provide the buyer with all the data available to him and required both for the conclusion of the contract and for the buyer to make an informed decision. The seller also must obtain information or documents that he does not have, assuming an active attitude, that is, without laziness. To learn more, visit our seller information guide. Regarding information shared, both parties owe each other confidentiality, regardless of whether the contract is carried out. Can a purchase of a property be carried out through an affidavit? It can't be done. The affidavits in acts and contracts have their object to the transfer of real rights over real estate. They must do so through a public deed. For the buyer to register his rights in the Property Registry, it will also be a requirement that the sale be recorded in a public deed. A public deed is an instrument that authorizes a notary to exercise his function with the formalities required by law. Who pays for the deed of the marina for sale? This is an important question that must be considered from the negotiation's first moments. The Code establishes the responsibility of the seller to pay the costs of delivery and execution of the deeds unless the purchasing party chooses the authorizing Notary unless otherwise agreed. The granting of the deed entails the payment of the Notary's fees and the seals that, by law, must be attached to the document. Ordinarily, payment for the original deed corresponds to the seller, who will also choose the authorizing Notary. If the buyer insists on choosing the authorizing Notary, he will be obliged to pay for the deed unless the parties make a different agreement. Why must you make a marina for sale deed and a certified copy? The original deed that bears the signature of the grantors becomes part of the Notary's protocol work (the collection of all the deeds and public documents that he grants). The Notary is the custodian of his work, but in reality, his protocol belongs to the State. When the Notary leaves the profession, is removed, or dies, the original deeds will be kept in the notarial archives. The buyer will bear the costs of the first copy and other costs after the sale. The certified copy is a copy of the original deed (it does not have to be a photocopy; it only matters that the content is the same) in which the Notary attests that the signatures of the grantors appear on the original and that they have adhered to the corresponding stamps. The Notary's signature on said certification must be original, as well as its notarial seal, sign, and signature. This is the physical copy that the buyer of the marina for sale generally retains, and that will be used for any management that requires it in government agencies. What does "unless otherwise agreed" mean? This is an important question from the beginning of the negotiations on the marina for sale. It is common to come across cases where a seller offers the property to a buyer for a certain price with the condition that the buyer is responsible for all expenses. On some occasions, we find examples of the opposite. Ultimately, if the parties agree, it is done how they agree. Also, remember that, in practice, when the purchase of a marina for sale is financed, the bank suggests its Notary to prepare the deed of sale, but the parties can always request their own, and the bank cannot impose another one.