The role of the notary, or notaire, is to uphold French law throughout any property transaction. He also advises on estate planning and inheritance tax. He is employed by the government and so does not act for either party in a house sale, his task is to ensure the conveyancing goes through properly. 

It is possible to have two notaires – one chosen by the vendor, the other by the buyer -  working on a property transaction although normally it is just one. Having two notaires does not mean more fees; these are simply split between the two. The institution of notaire actually dates back hundreds of years and the notaire has always worked for the State as a certifier of legal documents.

During a property sale, the notaire ensures that all the proceedings comply with French property law. Whether the property is bought direct through a notaire or through an estate agency, a notaire still has to oversee the legal aspects of the sale. The notaire will assist all parties to make sure that the process of selling the house runs smoothly. He is also responsible for receiving all contracts and checking their authenticity as well as carrying out the Land Registry searches.

Buying a property anywhere is a serious business and abroad even more so.  Many British buyers appoint a UK-based legal advisor, specialising in French law, to advise them, work for them and check the paperwork. Although this will naturally come at a cost, it is advisable since it offers complete peace of mind, not only for translation purposes but for making sure there is someone on your side to note if anything in the property contracts needs altering or adding to. One recommended UK based law firm that specialises in French property law is Ashton KCJ [http://www.ashtonkcj.co.uk].

The “Compromis de Vente” is binding once signed by both parties and it is vital to have this worded correctly. The notaire may advise on ways of purchasing a property, for example through a company or “SCI” which may have advantages for any future inheritance tax. Here again, however, it is wise to have one’s own lawyer on one’s side since French inheritance tax and succession laws differ from our own.

The notaire will be present for the signing of both the Compromis de Vente and the Acte de Vente, both of which are read aloud in front of the two parties.  After completion, he will hand over the keys to the purchaser and give a copy of the contract to both buyer and seller but he will keep the original deeds. 

Frequently in France a notaire may be present for a sale on a property which he has overseen on any previous sale. This can be advantageous since he will already hold much of the paperwork on file. The notaire’s fees are normally between 2 per cent and 8 per cent of the property price and are calculated on a sliding scale: the cheaper the property, the higher the percentage.  As previously stated, if two notaires are appointed, these fees are simply split between them.

Before signing the final “Acte de Vente” and handing over the keys, either the notaire or the agent will arrange for a final viewing of the property as the contract will include a clause “sold as seen on date of signing”. 

Start your hunt for a home in France here…
If you’re searching for a French property, a good place to start is the France Buying Guide’s property search facility. To start your search now visit http://www.francebuyingguide.com/content/france-properties