Duly noted...

Matthew Cameron explains the role of the notaire in a French property purchase

- Matthew Cameron

It is a little trite to suggest that completion of the first contract is an important step in the process of buying a house in France. Yet for those considering a purchase, there is every interest in understanding the initial steps, in particular the role of the notaire whose task it is to complete the transfer.

LINES OF DUTY

In principle, the notaire’s duty is to ensure the registration of a property transfer at the French land registry, and the collection of all duties and taxes arising from the transaction. While their fees are paid by the buyer, they are not actually acting for the buyer: one notaire is usually involved in a transaction (although the vendor and buyer can have their own), duty bound to remain independent of either party. So the role of a UK solicitor with expertise in French law does not conflict with the notaire they are able to work together, with the solicitor specifically advising only one of the parties.

This differentiation of duties is often demonstrated at a very early stage in a purchase. While notaires are increasingly charged with preparing the initial contract (usually called the compromis de vente) it is often prepared by the estate agent. This means that a contract could actually become binding on both parties before any formal legal advice has been offered to either party.

SURVEY SAVVY

Whether it is the agent or notaire who will be drafting the contract, you should decide whether you will commission a survey of the property.