Frequently asked questions about Le rôle du notaire

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I asked my notary for the cost of a donation deed concerning a real estate property. The amount he quoted does not match the fee schedule I found in the French Commercial Code. Is this normal?

Yes. The French Commercial Code (Articles A444-53 et seq.) sets out the notary’s fees, known as emoluments, which represent the notary’s remuneration. However, the total cost of a donation deed includes several other components: Registration duties (droits d’enregistrement) payable to the tax authorities; Value Added Tax (VAT) applicable to certain…
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My spouse and I are German nationals. We are going to buy a house in France from a couple where the husband is also German. The preliminary sale agreement was written in German. The notary tells us it is not possible for the authentic sale ...

....deed to be in German. Is this correct? Yes. While it is possible to draft a private agreement in a foreign language under certain conditions, documents prepared by a notary must be written in French.
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My notary refuses to establish the act for which I requested him, because I have not transferred the advanced costs, he asked me to the office account. Does he have the right?

Yes, because the National Notarial Regulations ( article 9-1) expressly forbids him from receiving an act without having provisioned a sufficient amount, to cover the expenses, rights, emoluments and fees. The notary cannot consent to his client in advance, through any form or capacity.
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My future spouse and I have an appointment with the notary to sign our marriage contract. Unfortunately, I have just learned that I will not be able to attend due to professional obligations. Is it possible to appoint someone by proxy?

Yes, but under specific conditions. In principle, both spouses must be present before the notary to sign the marriage contract (Article 1394 of the French Civil Code). However, case law allows a spouse to be represented by a third party. The representative must hold a special authentic power of attorney…
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