Frequently asked questions about Le rôle du notaire

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I wish to grant a loan of €60,000 to one of my children Am I obliged to call on my notary to draw up the loan contract?

No, but it is preferable. In accordance with article 1359 of the civil code, a writing is required when the sum lent is greater than 1500 €. The use of a notary is recommended to avoid any dispute, especially between your heirs. Indeed, you are assured that the deed will…
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I am selling my house, which is connected to the public sewer system (tout-à-l’égout). My notary is requesting a technical inspection of the wastewater drainage system. Is this mandatory?

It depends on the municipality where the property is located. The purpose of this inspection is to verify that wastewater is not being discharged into the stormwater drainage system. This control may be mandatory if: The municipality has issued a local decree requiring it, pursuant to Article L2224-8 of the…
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I am a Swiss tax resident. My mother, who passed away this year, lived in France in a house she owned and did not make a will. Can I appoint a notary in Switzerland?

Yes, but… The law applicable to your mother’s estate is French law, since her tax residence was in France. You may choose any notary you wish, but only a French notary can file the deeds recording the transfer of ownership of your mother’s real estate with the Land Registry (Article…
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I am selling my house. My notary sent the declaration of intent to alienate (DIA) to the town hall. If the latter decides to exercise its right of pre-emption, does it have to acquire the property at the price initially fixed?

No. A municipality can very well decide to pre-empt a property offered for sale at a selling price lower than that desired by the seller. The latter must send the owner its proposal by registered letter with acknowledgment of receipt, within 2 months of receiving the DIA. The seller then…
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