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Understanding The Role of the Notaire

When buying a property abroad, it is important that you try your best to understand the process as best as possible and your rights as well as those who are assisting the purchase process.

From country to country, the process does vary and although, there are organisations – like Bruce International- who can be on hand to provide advice, guidance and translations (where necessary), it is also valuable to do your own research.

What is a Notaire?

A Notaire is a legal specialist appointed by the Minister of Justice to work on behalf of the state and to prepare authentic instruments (documentation), “Promesse de Vente” or “Compris de Vente”, guaranteeing the legality of transactions.

  • “Promesse de Vente” is an undertaking by the seller to sell to the purchasing party which is in favour of the purchaser.
  • “Compromis de Vente” is a contract between the buyer and the vendor; an agreement to sell and an agreement to buy).

Although they are an official representing the Republic, Notaires are self-employed professionals who run their own office who are paid by their clients. However, the Notaire’s fixed rates are determined by the State itself.

They are also required to operate within the Minister of Justice’s zoning systems so that they have to operate in a way to best serve the needs of the population.

What are their responsibilities?

The Notaire is in a position to produce the final deeds as well as sourcing all relevant searches for your chosen property. They are also required to check that both purchaser and vendor has full capacity to purchase or sell the property and will also check that no mortgage or charge exists over the property. If a mortgage or charge exists, he will do all that is necessary to ensure that these are paid by the completion date.

The role of a Notaire also extends to after the completion process, ensure the title deed is registered at the Land Registry. They are also required to keep the original of the deed as well as providing the buyer with an authenticated copy so they have proof of ownership.

If you would like an overview of the buying process, from start to finish, please visit our Buyers Guide for more information.

About Bruce International

We are a French property specialist based in Roquefort-Les-Pins. We have a wealth of experience in the purchasing process as well as property management if you require assistance with a renovation or decoration project.

To search our selection of villas and apartments on the Cote D’Azur, please click here.

 

Understanding The Role of the Notaire

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