So, do not take for granted that a Notaire is working to keep things fair and even in the sale of a property/land and maintaing all required paperwork to complete an impartial sale. There have been enough legal cases to show that this can be the opposite. And from there, you face a state-protected, monopoly-status organisation on who will also (as members of the state legal profession) likely be playing Golf or Boules at the weekend with the same Tribunal Judges determining your case.

Anyway, not to be a scare munger BUT .. you should always ask to see the Notaires credentials and that they should volunteer information on previous negligence or civil law convictions against their name or firm’s name. Particularly within the Provence and CdA regions. Notaires can continue to practice even if they have a string of negligence and civil law suits against them. If you do not want to ask directly, you can contact the regional office for the Associe de Notaires de France who will reply to English or French Language requests and can be contacted through the Notaires de France website, telephone or post. You should always ask an independent lawyer, who has French avocat status, to check over the compromis de vente, before you attend the signing meeting on the day to transfer deed and exchange fees. Despite the propaganda placed on the Notaires de France website, claiming that members have professional indeminity insurance in the case of a fraud or negligence matter involving the Notaire, this is not the case in reality. You will be dealing with a private insurance firm (unconnected to the Notaire Association) whose number one objective will be to employ large teams of lawyers against you to minimise the compensation they have to settle, if anything at all. The process is ruthless and brutal, a tribunal will happily strip you of all your pocessions, equity, etc., with a state certified payoff of currently around 7500 euros and refund of Notaire fees, even if you purchased a 1M euros chateau, and sleep perfectly well at night.

Do not take things for granted, check into the Notaire’s background, get an independent Avocat to review the Sales contract, insist the Notaire inserts a clause for full and unlimited compensation to be applied, on behalf of him, his firm and notaire Association, in the event of negligence or fraud matters latter proven on his behalf. There is not a standard Compromis de Vente format and he can draft or emit items as he chooses. This is how many foreigners are caught in the cross hairs of a system so open to abuse and ruthless by design.

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.

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.