Buying from the UK - notary needed?

Cassie K

Earning My Ears
Joined
Feb 28, 2023
Messages
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Hi there, we’ve just had an offer accepted on a resale contract. The agent says we will need to have the deed witnessed by a US accepted notary. Firstly I wanted to double check that this is correct? We’re not financing if that makes any difference. Secondly, does anyone have any experience of doing this? Does it need to be done at the Consulate or Embassy or can any US approved notary do it? Is witnessing different from actually notarising?
Thanks
 
Unless things have changed drastically then this information is incorrect.
Thanks for responding. Do you know what the process is? Just normal signatures? I wonder why he thought a notary would be necessary.
 
Thanks for responding. Do you know what the process is? Just normal signatures? I wonder why he thought a notary would be necessary.
usually just e-signatures via Docusign, i did buy one contract from a general timeshare company and they wanted true signatures and then things scanned back to them Back but that is unusual

Its all a bit too easy!
 
You will need a notary when selling from the UK, but not usually when buying. I believe the only complication is if both the seller and the buyer are international, but as long as you are buying from someone in the US it isn't needed. Normal or digital signatures should be fine. We used docusign.
 
You will need a notary when selling from the UK, but not usually when buying. I believe the only complication is if both the seller and the buyer are international, but as long as you are buying from someone in the US it isn't needed. Normal or digital signatures should be fine. We used docusign.
I bought from someone in Colombia and again no notary needed
 
I bought from someone in Colombia and again no notary needed
I've heard that having both a UK buyer and seller can lead to some extra paperwork (possibly do do with ITINs?), but I was trying to be general as I'm not actually sure if there are similar situations with other international sellers. :-)
 
Hi there, we’ve just had an offer accepted on a resale contract. The agent says we will need to have the deed witnessed by a US accepted notary. Firstly I wanted to double check that this is correct? We’re not financing if that makes any difference. Secondly, does anyone have any experience of doing this? Does it need to be done at the Consulate or Embassy or can any US approved notary do it? Is witnessing different from actually notarising?
Thanks
Are you buying Aulani? My understanding is that the requirement for US notary when BUYING is only for Hawaiin properties.
 
usually just e-signatures via Docusign, i did buy one contract from a general timeshare company and they wanted true signatures and then things scanned back to them Back but that is unusual

It’s all a bit too easy!
Thanks. Fingers crossed he’s made a mistake.
 
You will need a notary when selling from the UK, but not usually when buying. I believe the only complication is if both the seller and the buyer are international, but as long as you are buying from someone in the US it isn't needed. Normal or digital signatures should be fine. We used docusign.
Thank you. I checked that the sellers were in the US because I knew two UK parties had additional stages. Hopefully he’s just misunderstood something and docusign will be fine.
 
Hey
Hi there, we’ve just had an offer accepted on a resale contract. The agent says we will need to have the deed witnessed by a US accepted notary. Firstly I wanted to double check that this is correct? We’re not financing if that makes any difference. Secondly, does anyone have any experience of doing this? Does it need to be done at the Consulate or Embassy or can any US approved notary do it? Is witnessing different from actually notarising?
Thanks
Hey OP, did you need notarization after all?
 
When I bought a timeshare from someone in Canada while living in the UK, I didn’t need anything notarised, just regular signatures via email and scanned copies. But on another occasion involving property documents for a contract overseas, they suddenly asked for notarisation and legalisation, which came out of nowhere. It definitely varies depending on the seller's location and, sometimes weirdly, what the local agent assumes is required.

When notarisation was needed, I didn’t go to the consulate. I ended up using a local firm that helped with notarising and also got the apostille sorted at the same time. I was using these folks that handle the whole process, including notary and apostille, in one go through https://apostillelondon.com/. Made it less stressful, especially with tight deadlines.
 
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I bought from someone in Qatar and a US based notary was needed for them to sell. They waited all the way until they got their closing docs to start looking and it was hard for them to find, as the US embassy in Qatar was booked 6 weeks out with no new appointments available.

They did not need to go there however and found someone else.

I suggest looking when you start the process if it's required for the UK because this can cause significant delay.
 
I bought from someone in Qatar and a US based notary was needed for them to sell. They waited all the way until they got their closing docs to start looking and it was hard for them to find, as the US embassy in Qatar was booked 6 weeks out with no new appointments available.

They did not need to go there however and found someone else.

I suggest looking when you start the process if it's required for the UK because this can cause significant delay.
I'm from the UK.

No notary was required when buying. All signatures were digital - I "signed" for both myself and my wife (I operate her email address with her full permission!).

A notary was required when selling. Three docs had to be notarised and one of those additionally required a separate witness.

I found a notary in one day (there are sites to help you locate them if your own solicitors can't help), and she made us an appointment for the following day. Her charge was £192 (incl VAT). It's a royal pain and you'll have docs coming out of the wazoo, but nothing insurmountable.

Don't use DHL or FedEx. Both were hopeless. Use Royal Mail International Tracked and Signed. It cost a fraction of the price even with £250 insurance to cover getting the notarising done again if the docs got lost. You just pay online and arrange for the postie to pick it up with a prepared label they bring. Package arrived within a week - even after US Customs took a few days figuring out if they'd need to charge a 25% tariff on it. :crazy:
 

















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