THE notaire is an important figure in French society, they see 15 million people every year and draft more than 4 million legal documents.
Their involvement in the processing of the paperwork involved in purchasing a property is authorized by the Ministry of Justice and strictly regulated.
They represent neither the buyer nor the seller of a property, their job is to ensure all the papers are handled correctly and that all state taxes are paid upon completion.
Notaires are there to clarify issues and advise clients on the most appropriate legal process for their circumstances.
Many, if not proficient in English, will insist that a translator is present to ensure documents and procedures are clearly understood.
This can be an additional expense, you can provide your own translator but this step should be arranged well in advance of any meetings.
The notaire’s responsibilities extend to verifying that the seller is the owner of the property, that there are no restrictions that could reduce its value and that it is not subject to government control.
They must also verify the size of the property, that pipes in the building are lead free and that there is no termite infestation.
As a purchaser your first meeting with the notaire will probably be at the signing of the ‘promesse de vente’ establishing the initial agreement between buyer and seller.
A description of the property will be read and the correct details about both parties will be understood before signing and the payment of a 10 per cent deposit.
There is a seven-day ‘cooling off’ period where the buyer can think about the purchase and where the notaire can make necessary searches and inspections.
If the purchase is to continue then the notaire will arrange a meeting between both parties to read the deed through before payment of the balance and the transfer of keys.
The notaire must also register the title deed, you will receive a copy to prove your ownership but this can take a couple of months, so it is worth asking for a copy of the signed deed on the day.
If you are buying a property in France, although it may appear straightforward, a notaire is schooled in French law so they are not going to be fully aware of your situation.
It is always wise to seek legal assistance from a UK lawyer familiar with French law and international property transactions.
You may require assistance on inheritance rights, tax implications, surveys, mortgages etc which are outside the scope of the notaire.
Finally, a notaire is able to sell property and as they are well established within the communities and villages of France they have a thorough knowledge of the market.
Some websites worth visiting:
http://www.immonot.com/
The national association of notaires
http://www.cr-agen.notaires.fr/
Notaires for the region around the towns of Agen, Auch and Cahors
http://www.chambre-dordogne.notaires.fr/
Notaires for the Dordogne region
Related articles:
Working out notaire fees
Comments
One response to “The role of a notaire”
Great site. Shame I hadn’t come across it before I launched into purchasing an apartment some years back. I speak good French but realise that I don’t speak “property purchasing” French and got into a horrible muddle with a notaire who was not exactly the easiest of people to deal with. The result is that my deposit is still in the Trésor Public (my point of entry into this site) and I needless to say I have not apartment.
Anyone out there had similar experiences?
Confused