A Guide to the Notaires Role, and the Legal Paperwork

The Notaire and Their Role

The Notaire usually acts for both parties, and is usually chosen by the vendor.  He or she has a duty to provide you with advice, but you may need to ask relevant questions.  You can have your own Notaire, as well as the one appointed by the vendor, in which case they have to share the fee between them so it doesn’t cost you any more, but it could extend the time it takes to complete the purchase.

The Contract – Compromis de Vente

The preliminary contract is called the compromis de vente. After you have signed the compromis, the Notaire will begin the searches.  You can include a Clause Suspensif (suspensive condition) in the contract enabling you to withdraw if the condition is not met successfully. For example, the purchase may be dependent on your being granted a mortgage on the property. If the Clause Suspensif is not met and the reason is provable, you are entitled to the return of your deposit, but in borderline cases or if the vendor objects, you may have to bring a court action to get your deposit back. You should be given a copy of the contract, showing both your signature and the vendor’s.

The contract usually states that completion will take place in 60 days, but in practice this is often extended to 90 days, due to delays with searches etc.

The Seven-Day Cooling-Off Period

By law you have a seven-day cooling-off period after signing the compromis de vente and should be given a written notification, either by hand or by post.  The notice is invalid if it is given to you before the vendor has signed the contract.  The cooling-off period starts from the day after the date on which you receive the notice. The contract becomes binding (subject to any Clause Suspensif and successful conveyancing) after the seven days if you do nothing.  If you are buying premises not deemed to be residential, (notably, a building plot) you have no right of cancellation.

Searches

The Notaire carries out the conveyancing searches, but these will not necessarily reveal any proposed development projects, other than those on the property you intend to buy, so it's a good idea to make your own enquiries locally.

The Cadestral Plan

The Cadestral Plan shows every plot of land in the local area. A copy is kept by the local tax office and at the office of the mairie.  A search will be made by checking the details of the land you are buying against this plan. You should be supplied with a copy of the section of the plan covering your property.

Land Registration

The mortgage and title deeds are entered into the register, the purpose of which is to notify the public of the ownership of the land and of any mortgage on it. Title does not result from registration.

The Notaire will check the register to ensure that there is no outstanding mortgage on the property greater than the purchase price.  Should that be the case, you are entitled to withdraw from the purchase.

The Acte de Vente

The Acte de Vente (deed of sale) conveys the title to you.  The deed must be prepared by a French Notaire, whose fees and costs, totalling around 7% (including transfer taxes of around 4.9%), are paid by the purchaser. 

If, for any reason you are unable to visit the Notaire’s office in person to sign the acte, you can give power of attorney to your estate agent or another person to enable them to sign on your behalf.

After the Acte de Vente has been signed, it is sent for registration and payment of the transfer duties, and returned to the Notaire, who retains it. You will receive a certified copy, normally after about three months. You should keep this document in a safe place as it is the title deed to your property.