Glossary entry

Spanish term or phrase:

ESCRITURA DE OPCIÓN DE COMPRA

English translation:

notarial (or) notarially-recorded purchase option

Added to glossary by Justin Peterson
Oct 10, 2019 07:59
4 yrs ago
4 viewers *
Spanish term

ESCRITURA DE OPCIÓN DE COMPRA

Spanish to English Law/Patents Law: Contract(s)
The escritura is, generally, of course, a DEED

But, in English, I see almost no examples of a Purchase Option "Deed", presumably due to differences in Spanish vs Anglo-Saxon legal systems.

Dilemma: this is registered with the authorities as an escritura; should the term most proximate to the Spanish concept be used, or the one that is most natural in English?

Discussion

Rebecca Jowers Oct 10, 2019:
If your text concerns the transfer of land... "purchase option deed/contract" might be appropriate, but unless you preface this with "notarial" or "notarially-recorded", etc., nothing here conveys that this is a civil law notary's "escritura" (notarial instrument).
Justin Peterson (asker) Oct 10, 2019:
Real Estate Plots
AllegroTrans Oct 10, 2019:
Asker What is being purchased here please?

Proposed translations

+8
51 mins
Selected

notarial (or) notarially-recorded purchase option

An escritura really isn't a "deed", although "deed" has certainly been used to translate "escritura" thousands of times. The basic reason for objecting to this translation is that "deed" in no way conveys the fact that an "escritura" is a notarial instrument signed in the presence of a civil law notary, recorded in his "protocol", and that serves to provide a level of legal certainty with regard to the underlying transaction. None of this can be said of a common law "deed".

Loads of translators will object to this assertion and, in fact, legal translators may perhaps be divided into two groups: those who think "deed" is an acceptable translation for "escritura," and those who believe it is just not a close enough "functional equivalent." "Escritura" is everywhere; we are called upon to translate the term practically daily, so it would be great to have a simple four-letter word that for the concept that fits handily into a translation and really conveys its meaning. If "deed" is to be used, perhaps "notarial deed", or better, "notarially-recorded deed" would be preferable. If not, "notarial/notarially-certified/notarially-recorded instrument" are terms that "non-deeder" translators use.

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Note added at 7 days (2019-10-17 10:04:18 GMT) Post-grading
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Thanks for your kind words, Justin. I'm glad you found this answer useful.
Note from asker:
A thorough and well-reasoned answer, as always. Hats off, Rebecca.
Peer comment(s):

agree Toni Castano : I am one of those "sinners" who has used "deed" many times as a translation of "escritura pública", you know, most of times for the sake of brevity, but your line of reasoning is solid, true and fully convincing. I shall leave it here.
29 mins
Thanks, Toni. Maybe you will become a "non-deeder" too!
agree Yvonne Gallagher : absolutely agree about overuse of "deed"
2 hrs
Thanks, Yvonne
agree Maria Garcia
2 hrs
Thanks, María
agree AllegroTrans
3 hrs
Thanks, Allegro
agree Andy Watkinson
4 hrs
Thanks, Andy
agree Manuel Aburto
8 hrs
Gracias, Manuel
agree Richard Cadena : Your explanation is the same explanation I got from my guru, Tom West, in a course that I took with him.
9 hrs
Thanks, Richard. Tom is a good friend; we've exchanged translation ideas for many years, and we're on the same "wave length" on many aspects of legal terminology.
neutral Adrian MM. : are you sure it's the (purported, may be non-existent) option and not the 'escritura' being regd. I've regd. these 'escrituras' at the Registro de Propiedad and Mercantil in Madrid and the 'asiento' shows up as the escritura.
6 days
agree meminube
100 days
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4 KudoZ points awarded for this answer. Comment: "As always, Rebecca's answer is thorough and based on a profound grasp of the legal systems in question. Impeccable."
52 mins

call option deed

Hi,

An opción de compra is a call option, while an opción de compra is a put option.

Shaun
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+2
58 mins

(Land) Purchase Option Deed; (Oz) Call Option Deed

Instrument in AmE of course if not related to a 'deeded' purchase of land.

Call option deed does work Down Under in another Anglo-American (= 'Anglo-Saxon') Law country, not only for commodities and company shares, but for land.

Unusual in the UK for such an option to be contained in a deed, but could well be over unregistered land. In the case of registered land, the option to buy would be registered as an *estate contract* - in which event there would be no need for a paper Deed under Seal.

Example sentence:

Oz: The option deed must have annexed to it a complete and valid contract for sale and purchase of land (in addition to other technical documents).

Peer comment(s):

agree AllegroTrans : Well it's not the UK so nothing unusual, prcatically everything gets recorded by notaries in Spain, including what the parties ate for breakfast
3 hrs
Indeed. It's a Spanish routine. I like Rebecca's notarial record if a physical doc. rather than an entry - except British (and Irish) expats in Spain, incl. my relatives, refer to their 'escritura' loosely as the conveyance.
agree Francois Boye : call option deed
13 hrs
Merci, gracias and thanks.
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3 hrs

purchase option contract

saludos
Peer comment(s):

neutral AllegroTrans : It is effectively a contract but "escritura" doesn't mean contract
42 mins
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2 days 8 hrs

Option to Buy Contract/Option to Purchase Agreement

This the way I have translated this type of agreement in the past. Both are correct and the same transaction. Of course, you do not need to write "notarial", because is implicit.
Example sentence:

OPTION AGREEMENT. This Option Agreement is made on this the ___ day of , 20 , by and between ______ , hereinafter referred to as the SELLER and ______

A real estate option to purchase agreement also known as option to buy contract is a contract on a specific piece of real estate that allows the buyer the exclusive

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