A Notaire is a public officer. Appointed by the Minister of Justice and entrusted by the State as a public servant, a Notaire exercises his or her functions in a liberal context (paid by their clients at a rate which is set by the State and not by taxpayers).
With over 5,000 offices and 7,500 Notaires, the notarial profession has representation and an effective monopoly all over France in matters relating to purchases, sales, exchanges, co-ownerships, land plots, leases, mortgages etc. He or she can form companies, organize the selling of businesses and prepare commercial leases, rural leases etc.
A Notaire is responsible for receiving deeds and contracts, conferring the seal of authenticity and legal dating while also ensuring consultation and delivery of certified copies.
There are several good reasons to find a Notaire when purchasing a property:
- There is no additional cost when selecting a Notaire in addition to the vendor’s Notaire. Each party can freely choose their own Notaire and split the title deed fee between them.
- A Notaire has a legal advisory role. Therefore, it protects consent.
- He or she will advise and inform you on questions relating to private, family, business, fiscal, company and administrative law.
- The Notaire can help in matters of property valuation and in seeking an amicable solution to a disagreement between private individuals (buyer and vendor for example).
- Subject to professional secrecy, a Notaire has an obligation to inform all parties of the extent of their responsibilities and in choosing the legal form which is best suited to eliminate legal or fiscal problems.
- With knowledge of the property’s geographical location, the Notaire may have additional information on the sellers and the background to the property. He or she would also be aware of any restrictions which could affect the enjoyment of the property (motorway or railway planned for the area for example).
- A Notaire must verify that each party has full capacity or the right to sell or purchase the property. He or she is responsible for all searches relating to the current title of the property and for confirming that it does not reveal any easements or restrictions which could reduce the value of the property or affect its enjoyment.
- A Notaire will check the urban planning codes, confirm that the rights of preemption have been waived and search for anything likely to reduce the value of the property.
- A Notaire will prepare the call for funds and get in touch with the lender on your behalf.
- The Notaire is responsible for having the title deed registered at the Land Registry. He or she will keep the original deed indefinitely and will be able to provide you with a copy of the title to prove your ownership of the property.
Our dedicated team of brokers can determine your mortgage capacity and review the efficiency of your financing to ensure you are receiving the right mortgage solution for your purchase in France.