3. Sale and Purchase Contract for Property in France

1. 3.1. Types of Sale & Purchase Contract
   3.2. Signing the Contract
   3.3. Role of French Notaires
   3.4. Use of Legal Advisors
   3.5. Pre-Contract Enquiries

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3.3. Role of Notaires in French Property Contracts

A notaire is under a legal obligation to provide you with complete and detailed information on the nature of the agreement you are signing.

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However, unless you ask for it, they are not obliged to initiate a private consultation to provide you with tailored advice about your circumstances. It is not their job to hold your hand throughout the process in the manner that might be the case with a solicitor or avocat.

Similarly, where there are opposing interests, it is questionable whether the transaction can be handled by a single person, whatever their formal level of independence.

The situation can be particularly unsatisfactory in relation to conditional clauses which may be included in the sale contract. There is sometimes a difficult judgement to be made as to whether a condition set out in the contract has been fulfilled, and a single notaire acting for both parties may well be in an unenviable position to make such a judgement.

Whilst it normal practice to use the local notaire, who acts for both parties, there is no reason why both buyer and seller should not each appoint their own notaire.

This practice is not unusual amongst the French in Paris and other major cities and one that is now becoming more widespread in rural areas and smaller towns.

It is likely to prolong the legal process, but at least you will have someone who can give you advice, away from the pressure of having to sit between buyer and seller.

Unless you seek specific, detailed and specialist advice there is no increase in the fee for using your own notaire as the standard, official fee is shared between the two notaires.

If you do decide to have one notaire act for seller and buyer, you should note that the prerogative of choice lies with the purchaser. Legally, the notaire does not need to know the property, or even operate within the locality, although it is obviously desirable that they have some local knowledge.

If separate notaires are used, then it is the notaire of the seller who is responsible for drawing up the legal documentation and processing the sale. The buyers notaire will have an oversight on their work.

The notaire is under a legal obligation to make sure that you understand what you are signing, but it is not always clear that this is a rule that is fully respected. If you are lucky, the notaire will speak English. If not, they should provide an interpreter for you. It is not unusual for this to be the estate agent, many of whom are bilingual. But, of course, the agent is acting for the seller, so beware!

If you choose to use the same notaire, then ask that you are sent the draft contract to go over in your own time, so you can be more confident of what you are signing.

Even if language is not the criteria, we do recommend you visit the offices of the sellers notaire for a preliminary meeting prior to contract, as they are likely to be familiar with the property (and the seller!) and may have something useful to say to you e.g. on the purchase price!

If you can, try asking local foreign owners of their view of the local notaire, or of other notaires who may work in the area.

We appreciate the logistical difficulties for a foreign buyer of selecting their own notaire, but you do not need to have agreed a sale to ask for a meeting with one. Most notaires will be only too happy to see you for an introductory meeting on general issues, with the prospect that you might later come back to them once you have found the property you want to buy!

If you want to find out who are the notaires in the area where you propose to purchase your property then you will find the national directory by visiting Notaires.

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Next: Use of Legal Advisors

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