Traditionally, buying and selling real estate has always been a bureaucracy-heavy process: endless face-to-face meetings that drag on, unnecessary travel, and stacks of paperwork. However, the rules of the game have changed in recent years. Today, real estate agencies and clients alike view immediacy as a fundamental factor when closing a real estate transaction.
In this context, electronic signatures have transformed a sector defined by a high volume of real estate documentation. They streamline management, shorten wait times, and deliver a more convenient experience for all parties involved. For some time now, a wide range of possibilities has opened up, including the option to conduct remote real estate transactions and close an agreement directly from a smartphone in just minutes. But to what extent is it possible to complete the entire process 100% online?
Legal framework and limits of electronic signatures in remote real estate transactions
When executing real estate purchase and sale transactions, or simply managing remote real estate transactions, it is important to note that the process involves both private documents and the public deed of purchase and sale itself. Depending on the stage of the transaction, digital signing may or may not be permitted:
Public deed of purchase and sale
Before discussing at length whether it is possible to sign a real estate purchase document remotely, an important clarification must be made. In Spain, the law requires that the purchase and sale document, as currently defined, be executed as a public deed and registered in the Land Registry. Consequently, it must inevitably go through a notary, whether through direct physical presence or notary intervention.
Therefore, to answer your question: a property can be purchased remotely, but a notary must be present at the signing of the public deed. The parties cannot rely solely on electronic signatures for the purchase and sale document.
Private contracts
While the purchase and sale agreement must be handled as outlined above, what happens with preliminary documents? The situation is entirely different. Certain documents, such as property viewing logs, are private documents; for these, if both parties agree, an electronic medium such as an advanced electronic signature can be used—as governed by the eIDAS Regulation (EU 910/2014)—making it ideal for 90% of real estate operations.
Which private documents can be signed with Viafirma?
Within the typical paperwork involved in managing remote real estate transactions, several documents can be signed electronically using Viafirma’s digital solutions, ensuring full legal validity:
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Mandate agreements and viewing logs
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Reservation agreements
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Earnest money contracts (contrato de arras)
Alternatives for managing remote real estate transactions
In the event that either party—buyer or seller—is unable to physically attend the notary’s office on the day of the final deed signing, the law provides two alternatives:
Signing via power of attorney
When one of the parties cannot attend in person, they can grant a specific power of attorney for the sale before a notary, designating a family member, lawyer, or trusted representative as their attorney-in-fact.
If this option is selected, the designated representative must attend the notary’s office in person to sign the deed on behalf of the buyer or seller, presenting the original power of attorney document.
Notarial videoconference
There is also the option to complete certain procedures via videoconference through the notary public’s electronic portal or the Citizen Notarial Portal (Portal Notarial del Ciudadano). However, we recommend verifying whether remote real estate purchases fall under the permitted procedures.
Why real estate agencies choose Viafirma
Many real estate agencies and firms across the sector have integrated Viafirma’s solutions into their daily operational tools. Their wide array of features, combined with a versatile product suite, makes Viafirma an attractive choice for agencies looking to digitize their signature workflows:
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CRM Integration: Viafirma’s digital solutions can be seamlessly connected via API to your real estate software to automate contract distribution.
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eIDAS Legal Security: Applied to the real estate sector, Viafirma enables the digitization of contracting and document signing in full compliance with eIDAS Regulation guidelines and standards.
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Instant closing of transactions: Deals are finalized in minutes, allowing buyers to secure properties ahead of competing offers.
Agile real estate agencies trust Viafirma
Looking to streamline signature workflows for your remote real estate transactions while ensuring full legal validity and security for your clients? Trust Viafirma. We are backed by over 25 years of experience helping real estate companies like Grupo Santamaría and Tecnología Inmobiliaria digitize document signing workflows with their clients. With Viafirma, they have successfully processed lease contracts, deeds, and various other documents entirely digitally—eliminating physical paperwork, reducing wait times, and optimizing daily operations.
Don’t stay stuck in outdated processes. Contact our sales team today and transform your real estate agency’s signature workflow.
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