The notary in the real estate transaction
In the context of a real estate sale, recourse to a notary is essential, because not only does he accompany you throughout a sale, but he advises and drafts legally and in accordance with the deeds.
The status of the notary
Being a public officer, the profession of notary must be organized so that it meets strict ethical rules. The fact that a notary undertakes to respect his obligations by taking an oath in court proves his seriousness and professionalism. In the exercise of his function, the notary is responsible for authenticating legal acts. For the real estate market, it is a major and mandatory player. The function of a notary requires a level of skills and qualification, because access to the profession is obviously regulated. Being appointed as a notary therefore implies not only well-framed work, but also very professional.
The notary: an obligator for a real estate project
Having a right but not being able to claim it is often a problem for individuals. In terms of proof, the notary has an essential role, because his commitment is to always deliver irrefutable proof. Generally, the notary is responsible for:
Collect the acts.
Authenticate and keep them.
A secure sale
The sale is perfect when the parties agree on the thing and on the price according to article 1583 of the Civil Code. Only, for reasons of legal security, in practice, it is necessary to organize the proof and publication of sales in order to indisputably determine the true owner of a property. Moreover, from now on, a seller is required to provide the buyer with a set of information relating to the property he is putting up for sale. The sale can also not be confirmed once he has obtained them and he has served his right of withdrawal.
To be enforceable against third parties or valid in the eyes of the parties and in the eyes of all, any transfer of ownership of real estate must be published at the mortgage registry. This publication will of course be provided by the notary before he authenticates it.
In a way, we can deduce that in real estate there is a kind of monopoly on sales and everything related to the transfer of ownership of real estate. It is the same with donations, inheritances, and rights or obligations that affect the ownership of property. To make the creation of a right of way over a property incontestable and enforceable against third parties, for example, it is a matter of making a publication.
If you therefore wish to buy or sell a property, it is always interesting, and sometimes even compulsory, to call on the service of a qualified expert, the notary.
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