Notorious Notaires
April 26, 2007
When you buy or sell any property in France you must do this through a Notaire. They are legally “trained” representatives of the government and their responsibilities are to ensure that things are legally correct.
They act neither for buyer nor seller, although the buyer pays their fees which are from 5 to 7 percent of the purchase price - these fees include taxes on the purchase of the property.
The Notaire is impartial and does not give advice or look after the interests of anyone but themselves. To be sure of getting the correct advice for the correct regime for a purchase, loans or surveys it is essential you get independent, qualified and fully insured professional advice.
Here is a typical letter from a reader with doubts about the efficiency of the Notaire’s actions and whether they will risk the purchase being lost.
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I am due to sign for a property in France, but the vendor’s notaire has “forgotten” to obtain both the DIA (droit preemption d’urbanisme) and the diagnostic report from the geometre.
Both are obligatory.
This will send us beyond the latest date for the acte de vente in the compromis, by several days at least. Is compensation an option, how do we obtain this, and who do we go to?
Any advice appreciated. Many Thanks,
Kate
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Hello Kate
Notaire are notorious for getting things wrong, delays and general incompetence - their main job is to make sure that the taxes due and their fees are paid, they are not acting either for the buyer or for the seller, but for the government. Many of their services are advisory and free, they are not solicitors or legal lawyers and, although theoretically they could be sued for incompetence, I doubt this every happens.
I assume you have a compromis for buying the property, signed by both you and the seller - this will set out any specific needs on your part - conditions and a date for the acte.
If there are missing documents and the date for paying and taking possession of the property are delayed, then, in my own experience, this will not cause a problem or lose you the purchase. It may give you grounds to “opt-out” of the purchase if you wish and demand your deposit back.
My advice is to talk to the Notaire, or to any other Notaire and get them to chat together and give you an answer - this will not cost you anything, it is part of their service as legally trained, government “officials”.
Please let me know if this is helpful or how things turn out for you
Best wishes
Tony
Comment by Rob
A good answer Tony, but notaires are fully qualified lawyers (solicitors). In France we have three sorts of legal animal.
1. Jurists - people who have a law degree and can give advice but are not qualified in any way to practice.
2. Notaires who have a law degree and are fully qualified lawyers/solicitors.
3. Avocats who have a law degree and are fully qualified court room lawyers/barristers.
By French law a notaire handling a property sale must be impartial and act in the interests of both the seller and the buyer. Quite a few of our local notaires (Herault insist on the presence of an interpreter when the buyer or seller sdpeaks little or no French to make sure that the acte and all its implications are fully understood by all parties. The interpreter has to sign the act as well as the buyer the seller and the notaire.
The notaire can give you advice on the best way of buying a property, sci, tontine regime matrimoniale, inheritance issues, capital gains etc etc.
The fees a notaire can charge on the sale of a property are fixed by the French state and represent a very small part of the total fees payable. Notaires, like lawyers in most countries, are legally obliged to have very expensive and full professional insurance cover.
Fees usually run from 10% on very small prices down to 6% on very high prices. If both the buyer and the seller elect to use their own notaires, these state fixed fees are split between the two notaires, in general using two notaires is not worthwhile as it slows down the procedure with no benefit to either buyer or seller.
The bulk of the payment goes in land registry fees, split between the commune, the department, the region and the state.
In the country most compromis run beyond the given date for signing due to delays in getting back land registry information. If this worries you, why not speak to the seller or to the agent invlved in the sale and ask for a written undertaking to change the last date for signing?
Most notaires will not have a compromis signed unless the seller has already had the the diagnostic tests done ( asbestos, lead, termites, in some areas some gases, + insulation and soon electric system). However often immobiliers/real estate agents will have a compromis signed regardless. It is the responsibility of the seller to organise the tests and obtain these certificates.
Comment by Tony
In the UK the solicitor you pay acts for you, in France the Notaire is impartial, they will give an answer, but only if you ask the right question, they never seem to volunteer information on things like marriage regime etc,
The Notaire is impartial but has to check there are no restrictions which could hinder or hurt the buyers use and enjoyment of a property etc
There are bad and good notaires. People need a good estate agent or a bit of sense themselves to ask the right questions they also need a properly composed compromis, drawn up to protect their interests,
I have known of unscrupulous estate agents selling agricultural buildings where there was no hope of occupation by any one other than a registered agricultural worker, with a compromis properly describing the nature of the property but no explanation that they could not live in the property given by the immobilier.
It is very important that any buyer has the correct and relevant suspensive conditions in the compromis, permission for roof terrace, permission for pool etc.