Notaires as French property specialists
The french notaire secures the transfer of ownership of real estate. Thanks to the real estate database of French notaries, the notaire knows the real estate market and is competent to determine the value of a property.
Notaires as property negotiators
Their in-depth knowledge of the property market and how it works enables certain notaires to negotiate property and support both sellers and buyers in their search.
Since 1 March 2016, this activity is not subject to a national rate. To the negotiation fees should be added the purchase costs to be paid under all circumstances which include the dues and taxes payable to the State but also the notaire’s remuneration for drawing up the authentic deed of sale.
Your notaire is the only contact person you need for your property project
You can entrust your entire property project to your notaire : from signing the preliminary contract to the final deed of sale, from administrative formalities (preliminary statements, expiry of pre-emption rights, etc.) to calculating the various taxes and declaring them to the appropriate authorities.
Furthermore, your notaire will draw up any statements relating to capital gains tax on property and pay the tax to the appropriate authorities by direct deduction at source from the selling price.
The Notaire is your guarantee of legal certainty
In France all property sales go through a notaire. As public officers they ensure the contract is performed correctly and, in addition to confidentiality, guarantee the necessary legal certainty.
They prepare the documents beforehand thereby preventing the majority of subsequent disputes. There are over one hundred legal and tax points to which notaires pay careful attention when drawing up the deed of sale.
For example, notaires may :
- ask the parties to the contract for proof of their identities and marital status,
- check the seller's instrument of title, the property’s mortgage status, agreed easements and applicable town planning regulations,
- expiry of pre-emption rights,
- check that the compulsory pre-sale diagnoses are performed before the preliminary contract is signed.
Their considerable legal knowledge and awareness of any amendments to legislation are the best legal guarantee when the preliminary contract is drawn up (before the deed of sale). You will not therefore have any unpleasant surprises.
Once the instrument is signed, it becomes the subject of a major formality: land registration which involves recording the legal status of the property at the land registry office. The aim is to keep a record of the rights of ownership over the building and the mortgages taken out on it. In their capacity as public officers, notaires have the monopoly over access to this file.
Finally, the notaire guarantees the title deeds by keeping them for 75 years in their office. After 100 years they are archived in the national records and will soon be stored electronically.
Notaires also provide legal and tax advice on housing development, construction and renovation projects. Lastly, notaires who manage property provide investors with all the necessary expertise to do so efficiently.
French notaires analyse property market in France
The french property market report dissects the french property market situation by region of Ile-de-France or the Province. It presentes the french property trends, and maps of median price per square meter of old apartments and median selling price of old houses.
- I bought my apartment including furniture and appliances from the kitchen. My notary has not done the breakdown (furniture / real estate), is it not an obligation?
- I buy a property for which the mandate of sale provides that the payment of real estate agency commission is the responsibility of the seller. Why is this commission included in the base for calculating notaire fees?
- I am a tenant of my principal residence and owner of my second home. I want to sell it so I can buy a new home that I will assign to my main home. This residence is worth 300.000 €, but I still have 100.000 € of credit to refund. [...]
- Seven years ago, I had my house extended but I did not take out property damage insurance. I wish to sell my property but the notary tells me that I must personally guarantee the purchaser in case of occurrence of damage covered by the ten-year guarantee.