In the context of a real estate sale, the notary plays a crucial role in ensuring the legal security of the transaction. This legal professional has several obligations to fulfill in order to protect the interests of the parties involved, namely the seller and the buyer. In this article, we present the main obligations of the notary during a sale, supported by concrete examples. We will successively address the verification of information, compliance with pre-sale formalities, the drafting of the authentic deed, and finally, the preservation of documents.
Verification of Information
One of the first obligations of the notary during a sale is to verify the information related to the parties, the property, and the conditions of the transaction.
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Verification of Information about the Parties
The notary must ensure the identity and legal capacity of the parties. He specifically checks the identification documents and documents attesting to the marital status of the sellers and buyers. In case of doubt, the notary may request additional information from the parties.
Verification of Information about the Property
The notary is also obligated to verify the information concerning the real estate property. He must ensure the ownership of the seller over the sold property by consulting original documents and conducting necessary searches at the land registry office. The notary must also verify the property’s compliance with urban planning regulations and administrative authorizations.
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Verification of the Transaction Conditions
Finally, the notary must ensure that the transaction complies with legal and regulatory conditions. He specifically checks the compliance with the sale price, the validity of the clauses in the sale contract, and the payment terms.
Compliance with Pre-Sale Formalities
Before proceeding with the sale, the notary must ensure compliance with the pre-sale formalities for the transaction.
Real Estate Diagnostics
The notary is obligated to ensure that the seller has completed all mandatory real estate diagnostics (asbestos, lead, energy, etc.). He also checks that these diagnostics are up to date and informs the buyer.
Clearing Mortgages and Liens
The notary must also clear the mortgages and liens affecting the sold property. He carries out this operation by requesting the seller or their creditor to repay the amounts owed or by withholding the corresponding amount from the sale price.
Drafting the Authentic Deed
The notary is responsible for drafting the authentic deed of sale, which formalizes the transaction.
Document Drafting
The notary drafts the authentic deed while adhering to the legal formalities and ensuring that the clauses of the contract protect the interests of the parties. The deed must be written in French and in clear terms, so that it is understood by the parties.
Signing the Deed
The notary must then collect the signature of the parties on the authentic deed. He ensures that they fully understand the content of the document and that they agree with the clauses of the contract.
Preservation of Documents
Finally, the notary is obligated to preserve the documents related to the sale.
Preservation of the Authentic Deed
The notary must keep the authentic deed of sale for a minimum period of 75 years. This obligation aims to guarantee the legal security of the transaction and to allow the parties to have proof of the sale in case of dispute.
Preservation of Annex Documents
The notary must also preserve the annex documents to the sale deed, such as real estate diagnostics, urban planning documents, or administrative authorizations. These documents must be kept for a minimum period of 30 years.
The notary plays a central role in carrying out a real estate sale. His obligations, ranging from verifying information to preserving documents, ensure the legal security of the transaction and protect the interests of the parties. Thus, it is essential to choose a competent and experienced notary to successfully carry out your real estate project. Do not hesitate to inquire about notaries in your area and seek recommendations from your professional network.
What are the tasks of the notary in other countries such as Switzerland?
Whether in France, Belgium, or Switzerland, the role of the notary has similar aspects but also nuances specific to each country. In Switzerland, the notary, a majestic figure of private law, proves to be a key player in expressing the will of the parties in legal acts. Let’s discover the role of the notary in Switzerland, which extends far beyond the mere drafting of deeds.
In the Swiss landscape, the notary is primarily responsible for the preparation, drafting, and validation of legal acts. In this judicial landscape, he is the impartial and neutral intermediary between the parties, an inevitable observer during complex operations such as real estate transactions or inheritances.
However, there is a notable distinction: unlike in other countries, Swiss notaries are not state officials. They are, depending on the cantons, either independent or employed by notarial firms. Paradoxically, this does not exempt them from taking an oath and being held to ethical obligations. From this particularity arise their responsibilities as a public authority, guaranteed by the rigor and excellence required in the performance of their tasks.
This legal figure thus conveys an essential dimension of the functioning of the Swiss legislative apparatus. They provide a new perspective for the reader, whether interested or simply curious to understand the intricacies of Swiss law. Through this, we see that the role of the notary, although universal, is shaped by the particularities of each country, like a sublime reflection of judicial cultures.