Notary · San Salvador
Notary in El Salvador: how to check one before you sign
In El Salvador, the notary is the person who makes your purchase legal. A notario is a lawyer that the Supreme Court authorizes. The notario drafts the deed and answers for it. A wrong notary can give you a deed that the registry rejects or that a court declares void. These 5 checks take one day and protect a purchase of any size.
A Salvadoran notario is not a U.S. notary public
What the law says
The notary is a delegate of the State who gives public faith to acts and contracts (Notary Act, Art. 1). Only persons that the Supreme Court of Justice authorizes can act as notaries. The notary must be Salvadoran and an authorized lawyer (Art. 4).
Where a notario can act
Anywhere in El Salvador, on any day and at any hour. Also abroad, for acts that take effect only in El Salvador (Art. 3). Salvadoran consuls can also act as notaries in the country where they serve (Art. 5).
Why it matters to a buyer
The notario writes your purchase deed into the protocol book and gives you the copy that goes to the registry. If the notario was not authorized, or had a conflict, the problem shows later — when you register, borrow or sell.
5 checks before you sign
- Check the status today. Ask for the notary's full name. Check it with the Supreme Court of Justice, which keeps the list of authorized notaries (Art. 10). The Court publishes the changes — new notaries, suspensions, reinstatements — in the Diario Oficial in the first half of December (Art. 14). A missing name is not proof of a problem (Art. 15), so ask the Court if you do not find it.
- Check for a conflict. A notary cannot authorize a deed that gives a direct benefit to the notary, the notary's spouse, or relatives up to the fourth degree of blood or second degree by marriage. The penalty is that the deed is void (Art. 9). Ask: "How are you related to the seller?"
- Check the protocol book is current. The Court legalizes each protocol book, and the book is valid for one year from delivery (Arts. 17 and 18). Ask the date of the book where your deed goes.
- Get the fee in writing. Ask for the fee before work starts, with the State costs (transfer tax, registry fees) itemized apart.
- Ask for State receipts. Registry fees and taxes have official receipts. One round number with no receipts hides how much was fee and how much was State cost.
Signing from abroad? Read power of attorney for El Salvador from abroad. Buying? Read buying property in El Salvador as a foreigner.
When the Court removes a notary
Disqualification
For bribery, fraud or falsehood (Art. 7). A disqualified person cannot act as a notary (Art. 6).
Suspension
For serious negligence or ignorance, or for notorious misconduct (Art. 8). The Court publishes the decision in the Diario Oficial, and the notary must return the protocol and seal within 15 days (Art. 12).
What you do
Check the status on the day you sign, not only when you hire. A status can change between the first meeting and the closing.
What we charge — fixed in writing
- Title check — $199. We read the registry entry of the property before you pay anything.
- Power of attorney — $249. If you cannot be at the signing.
- Turn-key closing — $1,500 for prices up to $500,000; above $500,000, 0.3% of the full price.
- Government costs are separate and passed through with a receipt, no mark-up.
Our attorney is Nelson Pérez. Check us in the Supreme Court list before you hire us — the same check we recommend for any notary.
Honest answers first
Is a notary in El Salvador the same as a U.S. notary public?
No. In El Salvador a notario is a lawyer that the Supreme Court of Justice authorizes to give public faith (Notary Act, Arts. 1 and 4). The notario drafts the deed, checks the parties and answers for the act. A U.S. notary public only certifies a signature.
How do I check that a Salvadoran notary is authorized?
Ask for the full name and check it with the Supreme Court of Justice (csj.gob.sv), which keeps the list of authorized notaries (Art. 10). The Court publishes the changes to that list in the Diario Oficial in the first half of December each year (Art. 14). A missing name is not proof of a problem (Art. 15), so if the name is not there, ask the Court before you sign.
Can the seller's relative be the notary for my purchase?
Not if the deed gives the notary, the notary's spouse or a close relative a direct benefit. The Notary Act prohibits it, and the penalty is that the deed is void (Art. 9). Ask who the notary is and how the notary is related to the seller before you sign.
What happens if the notary was suspended when the deed was signed?
The Court can disqualify a notary for fraud or falsehood (Art. 7) and suspend one for serious negligence (Art. 8). A person under disqualification or suspension cannot act as a notary (Art. 6). A deed from that person can be rejected or attacked later, when you register or sell. That is why you check the status before you sign, not after.
How much does LegalSV charge?
Title check $199. Power of attorney $249. Turn-key closing $1,500 for prices up to $500,000, and 0.3% of the full price above $500,000. Government costs are separate and itemized with receipts.
We are licensed in El Salvador only. We are not U.S. attorneys and we do not advise on U.S. law.
Send us the notary's name and the deal
Tell us the notary's name, the property (registry number if you have it) and the signing date. A licensed Salvadoran attorney answers you, in English or Spanish.