Notary
In most European countries the Notary is the public official who checks title deeds, draws up sale contracts and records the formal deeds of sale.
You will still need to appoint a lawyer, as it isn't the Notary's job to advise or protect the interests of the vendor or the buyer.
If you need to find a notary or check out a notary's credentials, contact the Conference des Notariats de L'Union Européenne , which represents around 35,000 notaries and covers ten European countries. The web site is mainly in French and has links to the notaries professionals in each country.
The fees for a notary who officiates at a sale are fixed by law and are based on a sliding scale depending on the Sale price, from €320 (£200) to €600 (£410).
If you are buying a plot you will have to pay notary fees for two escrituras ; one for the land and another for the building.
Typical duties for a notary in France
Around 15% of property sales in France are negotiated by notaries (notaires), who also have a monopoly on conveyancing.
The agency fees charged by a notary are lower than those levied by estate agents - 5% up €50,000 (£37,400) and 2.5% above this, plus VAT at 19.6%
- Check: if the land is registered at the land registry.
- Verify: the identity of the vendor(s) and buyer(s).
- Verify: that the property belongs to the vendor, or that he has legal authority to sell it.
- Verify: that the details of the property match those on the registration documents
- Check: that there aren't any restrictions on the transfer of ownership, e.g, a mortgage larger than the selling price
- Verify: there are no restrictive covenants over a property, such as right of way, and informing anyone who may have such rights, who has two months in which to claim them.
- Get: a copy of local planning rules relating to the property.
- Check: there are no plan to construct anything which would affect the' enjoyment or use' of the property.
- Register: the transfer of owner (and mortgage if applicable).
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