There is a prevailing belief that the notary is chosen by the buyer because they are the weaker party in a contract of sale. While it is often true that the buyer is the weaker party, the idea that the notary is selected by the buyer to ensure they side with them in case of a conflict is legally erroneous. A notary overseeing a contract of sale must remain completely impartial and cannot favour either party, not even the buyer.

In January 2021, President of Notarial Council, Notary Clinton Bellizzi, reportedly stated to a parliamentary committee discussing amendments to the Notarial Profession and Notarial Archives Act:

‘Wieħed irid iżomm f’moħħu wkoll id-dual nature tan-nutar. Nutar huwa uffiċjal pubbliku però fl-istess ħin ukoll libero professionista. Jista’ jkun dak li jkun jiġi jkellimni mhux f’ambitu ta’ kuntratt fl-eżerċizzju bilaterali ta’ att pubbliku – fejn bilfors irrid inkun imparzjali u nara li l-ebda parti m’hu qed tieħu vantaġġ żleali minn fuq il-parti l-oħra – u hemmhekk nista’ nagħti l-parir tiegħi jien ukoll.’

[Translation: “One must also keep in mind the dual nature of the notary. The notary is a public official, but at the same time, a liberal professional. It may be that someone speaks to me not in the context of a contract but in the bilateral exercise of a public act – where, of course, I must be impartial and ensure that no party is unfairly taking advantage of the other – and here, I can also offer my advice.”]

Insofar as contracts of sale are concerned (these being a public act), notary Bellizzi correctly emphasizes that the notary “bilfors irrid inkun imparzjali u nara li l-ebda parti m’hu qed tieħu vantaġġ żleali minn fuq il-parti l-oħra”, which translates to: “of course, I must be impartial and ensure that no party is unfairly taking advantage of the other.”

He is absolutely right. A notary can only be ‘partial’ (that is to say act as a ‘libero professionista’) if a client approaches them individually for advice or clarification, such as on a deed. However, the minute a notary is overseeing a contract between two parties, it is irrelevant who selected them; they must remain neutral.

This point is explained further in this short clip.