Previous Page  95 / 104 Next Page
Information
Show Menu
Previous Page 95 / 104 Next Page
Page Background

2. The “Acte de vente”

When the relevant searches have been completed by the notaire, the notaire will ask the

purchaser to sign the deed of sale (“Acte de vente”). The purchaser should take legal

advice to ensure that they understand its content or ask the notaire for clarification on any

points they are unsure of.

The searches carried out by the notaire will be mentioned in the deed, which will inform

the purchaser if their property is subject to any easements or other charges, or planning

regulations. The notaire will ask the buyer for the balance of the purchase price as well as

his fees, and cleared funds must be remitted to their account prior to completion.

The buyer can choose to sign a power of attorney in front of a public notary, if they

are unable to travel to France to sign the deed. This document then appoints one of the

notaire’s clerks to act as proxy.

THE FRENCH NOTAIRE

The conveyancing process in France is overseen by a notaire (notary). The notaire is a public

legal officer who specialises in property matters and their intervention is compulsory in French

conveyance. The notaire is responsible for drafting the deeds, conducting the searches with the

Land Registry and local authorities, and collecting the stamp duty and Land Registry fees. They

are usually appointed by the seller but keep a neutral position, as they act for both the seller

and the buyer. The buyer can instruct their own notaire, if they wish.

The notaire’s fees (including stamp duties and land registration fees) will amount to around

3-4% of the purchase price for a new build property and 7-8% for a resale property.

France buying guide / The French Notaire

48