Signed, Sealed, and Delivered – Translating Deeds

Changing political and economic conditions worldwide motivate people to look across borders for new homes. As of 2019, ListGlobally reported a 51% increase in foreign inquiries for real estate purchases. Their report’s top countries attracting foreign buyers were Spain, Portugal, France, and Canada. Buying a home in another country is a tremendous adventure for an individual or a family. There are several elements to ensuring all real estate documents are translated legally, of which the most confusing is often translating deeds.

What is a deed?

A deed acts similarly to a contract but with substantial differences. A contract is an agreement between two or more parties creating obligations that are enforceable or otherwise recognized by law. In a real estate transaction, the contract outlines what the buyer and seller commit to doing and legally obligates each to fulfill their promises.

On the other hand, a deed is a written document that conveys some interest in a property. It expresses the intention of the executing party to do whatever he or she promised to pass or confer legal or equitable interests in property or other rights (or affirm another agreement describing such) to another party. Some of the requirements of a deed are that it must be signed, sealed, and delivered (and now you know the origin of that famous phrase!). Having the deed provides ownership of the property.

To make matters more confusing, the types of documents and what each document is called vary from country to country. A professional legal translator will help ensure that the documents are what you think they are and that the translation fits the official formatting and standards required for validity.

Is translation required?

A real estate contract and transfer of deed completed in a foreign country in another language are valid as long as both parties understand the terms of the contract. The issue of translation arises if one of those parties does not speak the same language as the documents. For example, a United States buyer who speaks only English and buys a home from a seller in Spain who only speaks Spanish should require all documents to be translated into English.

A deed written in a foreign language and not translated into the buyer’s language will not fulfill the requirements of providing the buyer with constructive notice. Constructive notice makes the buyer aware of important information about the property so that it can be assumed they are aware of potential issues or hazards that exist. Without an accurate and legal translation, there may be problems enforcing the deed and ensuring a valid chain of title.

To solve this problem, the deed should be included as one of the documents to be translated into the buyer’s language before the real estate transaction is complete. Both the original and the translated documents should be filed, recorded, and made part of the public record.

Who can you turn to for help translating deeds?

The Perfect Translation has the expertise to translate all your foreign real estate transaction documents. We use teams of professional translators with expertise in the subject matter they are translating for. You’ll rest assured that The Perfect Translation will translate your documents accurately and completely. We provide certified and notarized document translation services for all document types associated with immigration, business, real estate, financial, academic, legal, and medical industries. Contact us today for a free quote!