 Notaires |
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| Notaires |
The role of
the Notaire in the house buying process is central once you have
had your offer accepted by the owner. So who and what are Notaires?
There are about 5,000 Notaires offices in France, and about 7,500
individual Notaires, and 40,000 assistants. The Notaire is directly
under the authority of the Minstre de la Justice and is appointed
by decree. The Notaire is the public official responsible for witnessing,
and often writing, all the "actes" and contracts to which
you wish to have a seal of authority, to assure the date, hold them
in trust and to deliver authentic copies upon demand. For a list
of Notaires in the Aude, Languedoc click
here
The deeds which a Notaire draws up, like an "acte" of
sale, have a probative and binding force. Notaires advise and inform
on question relating to private, family, business, fiscal, company
and administrative law. In the case of purchasing property he or
she draws up the Compromis du Vente
as is agreed by the buyers and sellers, advises on the legality
of any Clauses Substantive, does the necessary legal searches on
the property and any claims against it, registers the proposed purchase
with the authorities, draws up the Acte based on the Compromis
du Vente, hold the deposit, ensures the correct termite/lead
and asbestos survey has been carried out, oversees the final signing,
ensures the correct taxes are paid and takes a whacking chunk of
a fee for the privilege.
A Notaire's fees are controlled by the State. You have ever right
to ask in advance exactly how much they are going to be- and they
are duty bound to tell you.
As a rule of thumb looks at paying around 10% of the price in addition
to the Notaire. This money is not just the Notaires fee but all
the local, Regional and National taxes that are due on the transaction.
So
to break it down through the sale this is what the Notaire does.
Draws up the Compromis du Vente,
including adding any Clauses Substantive you have agreed with the
owner. He will also advise you of what can be added and what can't-
for example you can ask for building permission to be granted in
the Compromis du Vente but
you can't make the sale dependant on selling your own home before,
well you can try but of course the seller ahs the right to refuse
any extra clauses and they commonly refuse clauses like this.
He takes your deposit and banks it in a sealed account.
He is then responsible for making sure that the property can be
sold, that there are no outstanding claims, and that the person
claiming to be the owner has the right to sell it. He will also
check for exisiting rights of way and ensure that they are declared.
If you are applying for a mortgage he will also check to ensure
that the bank has agreed before the sale.(Which adds a little to
his fee)He registers the sale with the commune, and in the case
of agricultural land with SAFER. See Pre-emptive Rights.
The Notaire then draws up the Acte based on he Compromis
du Vente and his finding. Should you wish s/he will also include
a Clause Tontine.
This process usually takes 2-3 months.
On the day of the signing he will gather together the parties, and
or their representatives, read through each clasue of the Acte,
ensure the termite control is satisfactory, recieve the outstanding
money, hand over the deposit to the buyer, pay the agent and give
you the keys. He will retain a the original copy of the Acte but
you may take a copy away with you.
Well done you now own a house!
Disclaimer.
These pages are accurate to the best of my knowledge but I am not
a qualified legal advisor and would urge buyers
to confirm the above information with a qualified legal representative
before acting.
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