Why the sale needs a lawyer
Article 23 of the Ley de Registros y Notarías (Registries and Notaries Law; Gaceta Oficial No. 6.668 Extraordinario, December 16, 2021) is an admission requirement: every document submitted to a Registro (registry) or a Notaría (notary office) must be drafted and given a visado (lawyer's sign-off) by a lawyer registered with the Instituto de Previsión Social del Abogado (Inpreabogado, which issues the lawyers' registration number) and qualified to practice. This applies to the sale document that is recorded and to the opción de compra-venta (purchase option) that is authenticated at a notaría.
The Ley de Abogados (Lawyers Law; Gaceta Oficial No. 1.081 Extraordinario, January 23, 1967) says the same thing from another angle:
Article 6 allows a lawyer who is not practicing to draft if they are a party to the deed or if their spouse, ascendants, descendants or siblings take part directly in the matter. Article 23 of the Ley de Registros y Notarías does not repeat that exception; ask at the Registro.
What the lawyer does in a property sale
The law requires the drafting and the visado. The rest depends on what you hire, so ask for the quote to say what it includes:
For the full procedure, see how to record a property sale.
How the fees are set
What the law says
Article 22 of the Ley de Abogados says that "practicing the profession entitles the lawyer to receive fees for the judicial and extrajudicial work they carry out, except in the cases provided for in the Laws". If lawyer and client do not agree on the amount for extrajudicial work, such as drafting a sale, the dispute goes through a juicio breve (summary proceeding) before the competent civil court, and the defendant can request the retasa (review of the fee amount). The law does not set amounts.
Article 19 of the Reglamento de la Ley de Abogados (regulations of the Lawyers Law; Decreto 908 of September 12, 1967, Gaceta Oficial No. 28.430), in the reproduction by the Revista de la Facultad de Derecho de la UCV (the UCV law school journal), says: "Lawyers' economic remuneration shall be set as fees. The Colegios de Abogados may only adopt guideline rates of a minimum or maximum nature, for the information of their members".
The Federation's minimum-fee regulation
The Federación de Colegios de Abogados de Venezuela (the national bar federation) issues a Reglamento Interno Nacional de Honorarios Mínimos (national internal minimum-fee regulation). The most recent text we found was approved by its Consejo Superior (governing council) on November 13, 2020 and has applied since November 23, 2020 (article 48). We did not find it on a Federation site: we read it in two identical copies published by third parties, on drcondominio.com and at Cedre Abogados.
That text uses the dollar as its unit of account: the amount can be paid in bolívares at the BCV (central bank) rate at the time of payment, unless a written fee agreement provides for payment in foreign currency. Its article 4 sets, for drafting sales and opciones de compra-venta, among other documents, minimum fees "on the value of their respective transactions":
| Value of the transaction | Minimum fee |
|---|---|
| Up to 1,000 dollars | 10% |
| From 1,001 to 10,000 dollars | 11% |
| From 10,001 to 20,000 dollars | 12% |
| From 20,001 to 30,000 dollars | 13% |
| From 30,001 to 40,000 dollars | 14% |
| From 40,001 dollars | 15% |
The article adds that the fee is "the amount resulting from applying the percentage to the base". The 2015 version (another third-party copy) used a "cumulative rate" of 2.5% to 1% by brackets; the 2020 version no longer says "cumulative". The text does not make clear whether the percentage applies to the full value or by brackets, and its only example is for 800 dollars: ask the lawyer how they calculate it. Other rules in the same regulation:
Three caveats. Its article 1 declares it mandatory for all lawyers, but its statement of reasons speaks of "guidelines that serve as orientation", and article 19 cited above limits the Colegios to guideline rates; we do not resolve that tension here. We could not confirm whether the 2020 text was amended later. And we found no data on how much is charged in practice, which may be very different. Always ask for a written quote.
Who pays the lawyer
No law expressly says who pays the drafting lawyer. The Código Civil (Civil Code; Gaceta Oficial No. 2.990 Extraordinario, July 26, 1982) does not mention the lawyer. Its article 1.491 says: "The costs of delivery are for the seller's account, except those of the deed and other accessories of the sale, which are borne by the buyer. Transport costs are also borne by the buyer, if there is no agreement to the contrary." That the drafter's fees are "costs of the deed", and therefore the buyer's, is our reading; the rule does not say so. What the parties agree in writing has the force of law between them (article 1.159).
In practice, industry sources point to the buyer, without unanimity:
Put in writing in the option who pays the drafter. See the other costs in closing costs of a purchase.
The lawyer and the agent's commission
They are separate payments. The agent charges for finding and accompanying the transaction; the lawyer, for drafting and giving the visado, something the agent cannot do unless they are a lawyer. If the agency offers "its" lawyer, ask in writing whether that fee is included in the commission or charged separately, and which of the parties that lawyer advises. More detail in the real estate agent's commission.
Warning signs
If the property comes from an inheritance, has a mortgage, or a seller signs through a power of attorney, review the case with a lawyer before paying arras (earnest money).