English version
BY PIERRE VOLTER
Introduction
Going to the notary is serious business. This is where important transactions are irreversibly sealed. Nevertheless, this does not mean that it has to be a scary experience nor that it cannot be done in a relaxed manner and with a smile.
There are quite a few notaries to choose from in Loja. Most are conveniently located in the center of the city no more than a few blocks away from the central plaza. So which one do we go to ? Does it matter ? Would it make any difference ? Are the prices different ? And to start with, are we even allowed to choose one notary rather than another or do we have to let our lawyer decide for us ?
Before we address these questions, let’s clear a few things out of the way. A notary public is a qualified lawyer, he or she has to be in this country, but he is also a public officer and it is prohibited for him to give legal advice the way your lawyer does. His role is to give faith to an existing agreement not to give advice on what agreement is best for you. Give faith means checking the validity of the documents presented to him, verifying the identities of the parties, make sure all required signatures are present, assure strict adherence to the law etc…
“Nosotros damos fe publica de los actos y contratos que la ciudadania requiere” Dr. Rodrín Palacios – notary public.
Impartiality is key. The notary has to remain neutral at all times and in case of disagreement between the parties, he has to send them back to sort things out with their respective lawyers. In a typical scenario the content of the agreement would be prepared by your lawyer, such as an affidavit, a sales and purchase agreement, a testament, a power of attorney etc… and then this content would be validated, sealed, legalized, in one word “notarized” by the notary public in the physical presence of all the required parties.
Having said that, this does not mean that one cannot seek a little guidance from a notary public. How much “guidance” exactly is he allowed to give you? Well, I would simply recommend to go and ask and if the type of question you ask is really out of what the notary is allowed to discuss, he will honestly tell you. No harm is done asking.
Notaria Quinta
I found that asking something to a notary public can be an intimidating experience. In Ecuador the notary offices tend to be packed and it is sometimes hard to even approach the doctor let alone ask him (or her because there are female notaries public) something. Some notary offices are actually designed to make people transit from one desk to another and pass through several “human filters” before they can even reach the doctor’s desk. It is only in the final stage when everything is ready for the signatures that the client is guided to a back room where the doctor’s office is located.
At Notaria Quinta, it is not like that. If you so desire, you can walk directly to the doctor’s desk and nobody will stop you. On the contrary Dr Palacios will shake hands and invite you to sit down at his desk.
The office design is an open plan where the doctor sits on a peer level among his assistants.
El doctor
On the photo below we see the notary public, “el doctor” as everyone calls him. His name is Rodrín Palacios Soto. He is a soft-mannered, gentle-spoken man who kindly invites people to sit at his desk.
“Nosotros primero somos muy cordiales, damos una atención personalizada… Damos atención prioritaria a las personas que lo necesitan como por ejemplo gente de tercer edad …”
We try first and above all to be cordial and give personalized attention… We also give priority to the people with special needs such as the elderly …
“Nuestra atención básicamente es asesoramiento…”
“Asesoramiento” means “Legal advice” in English. However, the doctor clarifies that we are not talking about giving legal advice like lawyers do but rather advising people to make sure that they understand fully what they are about to sign.
It may sound obvious to some but it is not. People could be old or may for whatever reason find it difficult to understand the content of an agreement. People could also have been pressured by family members or partners. A good notary will spend the time and make the effort to put a person in a position where he/she really understands the consequences of what that person is about to sign.
“Por eso, cuando hay un extranjero, nosotros pedimos un interprete…”
For this reason, we find a translator in the case it is a foreigner who uses our services.
Dr Palacios has 17 years experience of which he has spent 14 as a lawyer and the 3 years as a notary.
The staff
On his right side by the window sits Guadalupe
She is a qualified lawyer and is Rodrín’s right arm.
The remaining part of the open plan is used by the staff in charge of welcoming the people, listen to their requests and preparing the documents. The place was quite busy on the day I was there but nevertheless everyone seemed relaxed, customers and staff alike, flowing with the flow. It was a beautiful sunny day in Loja.
I counted 5 people working on the ground floor. There is a second floor where the archives are kept and there are a few more staff members working on that floor. Notaria Quinta has a significant team of professionals working harmoniously together.
Customer feedback
I asked a few people what their experience was or had been with the Notaria Quinta.
Let me state that my visit was not planned, to be precise, the doctor was expecting me but the clients had no clue what I was doing there. I just walked to them and asked their opinion.
Some were regular clients and they all said that the service was outstanding.
“Es una notaria que tiene prestigio … la situación es que trabajan bien .. cuando nosotros abogados les pedimos que nos ayuden, que nos colaboren, porque el cliente muchas veces esta apurado, entonces nos hacen cuando les pidemos…” Dr Luis Alex Guarnizo.
Cecilia Espinoza’s desk is right by the door and she is naturally the client’s first point of contact. She was taking care of two ladies who also happened to be regular customers who have done all type of transactions at Notaria Quinta and wouldn’t go anywhere else. “Muy contentas. Excelente atención” were their spontaneous words.
Final thoughts
It is my hope that the information above answers the questions at the top of this article of why one would choose a notary rather than another and whether it matters. Is one allowed to choose a notary who is not necessarily the notary his lawyer invites him to ? (maybe for personal convenience or through habit). Yes it goes without saying. No-one can force a person to sign a document in front of a notary he does not trust. It is all part of due process. Trust and informed consent are keys.
As per the prices, I was told that they should be exactly the same regardless of the notary one decides to go to. At Notaria Quinta they have a large display on the wall with the notary fees for each type of transaction.
Conclusion
At Notaria Quinta in Loja I found the atmosphere to be both professional and relaxed. The notary is a gentle-spoken and approachable person who will gracefully assist you to the extend he is allowed by the law. The staff is cordial, the service is fast and excellent according to the clients I spoke to. As a plus the space is open and bright, with many windows opening onto calle Bolivar in the heart of the city of Loja. There are many comfortable seats for people to wait while being looked after.
Only one thing is missing: the espresso machine and some home made cookies. And why not a little children corner with a few books. Maybe one day 😉
Bye for now and see you at Notaria Quinta.
Contacts
Address: Calle Bolivar y Rocafuerte
Tel: +593 (0)72573743
Email: notariaquintaloja@gmail.com
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At Notaria Quinta in Loja I found the atmosphere to be both professional and relaxed. The notary is a gentle-spoken and approachable person who will gracefully assist you to the extend he is allowed by the law. The staff is cordial, the service is fast and excellent according to the clients I spoke to. As a plus the space is open and bright, with many windows opening onto calle Bolivar in the heart of the city of Loja. There are many comfortable seats for people to wait while being looked after.