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THE NOTARY’S WARRANTIES AND LIABILITIES

Notaries ensure that their deeds reflect the signatories intention - which notaries have investigated upon - and that they be adapted to the mandatory provisions of law.

A notary shall be in fact deemed liable if his/her deed is void because manifestly illegal or illicit; and it is so even when the deed is annulled because one party did not have the legal capacity to sign it, because of their age or for not being of sound mind, or otherwise for any other reason the notary shall be liable for.

For any transfer deeds a notary arranges following his/her appointment as legal consultant by the parties involved, he/she is required to search the public registers (either land or non-land based Registers in those places where the latter system is still in force) looking for evidence throughout the last twenty years of any mortgages, foreclosures, seizures, easements or any other constraints encumbering the property and therefore limiting the transferability or use thereof; he/she shall be liable for any damage suffered by that party who was not aware of any constraints having counted on the notary’s property title search.

Should clients wish their notary to perform such property title search beyond the twenty year period (e.g. to determine any easements) it is necessary to grant such a specific task and that the notary accepts it.

A notary in any case cannot release statements that a specific property is in compliance with land use planning and construction standards, nor he/she may declare the conformity of such property status with the Land Register results: at this regard it is always advisable to appoint a specialist in the field to perform such checks.

INSURANCE

The Notary’s Professional Insurance Policy is AIG EUROPE no. IFL0006100, contracting party: National Council of Notaries, plus a supplementary insurance policy whose ceiling is equal to: Euro 15,000,000.00.