Using one Notaire - Buying an apartment in France

Property & Home
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21

For our purchase in France we used the same Notaire as the sellers with no problems. However we have heard stories about a local Notaire not doing his job properly by ignoring items like cars from an estate which has caused huge problems later down the line when the inheritor wanted to sell the car ( as it should have been shared with her brother).

A French friend inherited her parents house along with her brothers. One brother took all the money, he was friends with the Notaire and she is having to take him to court to recover her share. Another British friend who had a house in France ( full resident under Article 50) went back to the UK to die. Her children were cut out of the inheritance all bar one daughter. Long and ugly story, thé Notaire was appointed by the imoblier and was acting for both the buyer and seller. She insisted that all the children were reserved inheritors. However another Notaire was appointed and was adamant that as nobody in the family was an EU resident at the time of her death then her Uk will applied and it could all go to one child. It took the new Notaire to have to threaten to take the old one to Notaire tribunal before she backed down and returned most of the 500 euros we had paid upfront.

So our experience is there are good ones and some very bad ones, you have to be on top of the case yourselves.

Regards

Nick

22

Totally agree. We used sane notaire for house we just bought, but did make direct contact with them rather than just accepting the recommendation.

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23

That’s a relief! :slight_smile:

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24

Indeed, they are Legal professionals and key duty is to the state. Was impressed with ours. So no real need for two unless you have some significant concerns. Of course always ask to see the documents first and then you can use the many translation tools on the internet to check things out. Also having one Notaire can help if one of the actors is not playing the game - it was very useful to us when the Notaire reminded the seller what the law was and to actually leave the house. One word of advice - they are supposed to ensure you understand what you are signing so it can be a lot easier if they speak English and can translate as they go through the documents…just a thought.

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25

Then the people who got married didn’t have anything they were worried about losing. Marriage contracts are done by notaries (e.g. think prenuptial agreements). Notaries can also officiate marriages, in some circumstances.

26

Yes, it is legally possible to use the seller’s notaire only, and many transactions in France are completed that way without any issue.

However, for a first purchase — especially as a foreign buyer — I generally recommend having your own notaire.

The important thing to understand is that the notaire is supposed to be a neutral public officer, not an estate agent working on commission. In theory, they should protect both parties equally. But in practice, when a notaire has worked with the seller or the estate agent for years, there can sometimes be an imbalance in how proactive they are in identifying or explaining certain issues to the buyer.

Having your own notaire gives you:

  • someone whose role is clearly to protect your interests,

  • an additional review of the compromis de vente and supporting documents,

  • another set of eyes on easements, planning issues, hidden clauses or obligations,

  • and often a more balanced transaction overall.

Another important point many buyers don’t realise: having your own notaire does not increase the total notaire fees. The two notaires simply share the same fee between themselves. So there is usually very little downside to having independent representation.

Most notaires are perfectly professional and competent. But less scrupulous or less diligent cases do exist — I encounter them regularly enough to know that relying blindly on the seller’s side is not always ideal, especially when you are unfamiliar with the French system.

For a purchase as important as real estate, having someone fully independent reviewing the file is often a sensible layer of protection and peace of mind.

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27

Interesting that you say you encounter less scrupulous ones regularly. Are you in real estate business or in another field?

28

Given the role of the notaire in a jurisdiction such as France is to effect a transfer correctly and to collect taxes, I’d be grateful if you would explain how you conclude that employing a different notaire will “clearly … protect [the buyer’s interests]”, and what you mean by “a more balanced transaction overall”.

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29

Hello and welcome to the Forum Julien.

Please do tell us about yourself and connection to France.

We are a pretty friendly bunch on SF, but we’re also a bunch that can be vociferous if we see something we think is not quite right - our bark tends to be worse than our bite though :slight_smile: :slight_smile:

I admit to being puzzled by your advice though - the Notaire’s role in France is, as you say, “a neutral public officer”, their main role being to ensure the contracts are drawn up per French law and that any taxes due the state are paid.

Fair point but engaging your own Notaire only obliges them to point out something in the transaction which would be illegal. You can certainly ask them for help making sure any clauses suspensives that you might need are in there but I’m not sure they will advise whether you do need to add something.

The role of a Notaire is covered here:

A quick google will give you some background on Julien.

Ditto, I am sure if that is the case lots of us would like to know.

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30

Hello Jane,

Yes, I work in the real estate field and regularly assist foreign buyers purchasing property in France. I’ve also personally been a real estate investor since 2014, so I’ve been involved in transactions from both the professional and investor side for many years.

Most notaires are perfectly professional and competent. However, after years dealing with transactions, you inevitably come across situations where communication is poor, important details are not properly explained to foreign buyers, or certain issues are treated a little too lightly because the notaire is already used to working closely with the agent or seller.

That’s precisely why I generally recommend having your own notaire when buying, especially as a foreigner unfamiliar with the French system. It does not cost more, since the notaires share the fees, and it simply adds an extra layer of independent review and protection for the buyer.

31

I completely understand your point, and legally speaking you are correct: the notaire’s role is not to “defend” one party in the way a solicitor might in common law countries. Their primary mission is indeed to ensure the transaction complies with French law and that the deed is properly executed.

What I mean is more practical than theoretical.

In many transactions, especially involving foreign buyers unfamiliar with the French system, there can be asymmetries in communication, explanations, responsiveness, or scrutiny of certain points. When the seller, the agent, and the notaire already work together regularly, the process can naturally become very seller-side oriented in practice, even if the notaire remains legally neutral.

Having your own notaire introduces a second professional reviewing the file independently, asking additional questions, checking clauses carefully, translating or clarifying points that may otherwise be overlooked, and making sure the buyer fully understands what they are signing.

It is less about “protection” in an adversarial sense, and more about reducing the risk of misunderstandings, omissions, or a buyer simply signing documents they do not fully grasp — something that unfortunately happens quite often with international clients.

Since there is no additional cost to the buyer, I generally see little downside in having that additional layer of review and balance in the process.

32

Hello Billy,

Thank you for the welcome, and I do understand your point.

I agree that, in theory and legally, the notaire is not there to “advise” one side over the other. Their role is to ensure the legality and validity of the transaction. My point is simply that the reality on the ground can sometimes be a little more nuanced than the legal theory.

I have been a real estate investor in France since 2014 and I also work with foreign buyers, so over the years I have seen a wide range of transactions. Most notaires are absolutely professional and impartial. However, I have also seen — admittedly rarely, but it does happen — situations where a notaire was perhaps not as neutral in practice as they should have been, particularly in small local markets where everyone knows each other very well.

For example, I have encountered cases where problematic elements about a property were downplayed, where buyers were not clearly warned about practical risks, or where the relationship between the seller, agent and notaire was clearly much closer than the buyer realised. Nothing necessarily illegal on paper, but certainly situations where a foreign buyer without independent representation was at a disadvantage.

I also agree with you that a buyer’s own notaire will not suddenly become a “personal lawyer”. However, in practice, a second notaire reviewing the file often means:

  • more scrutiny on clauses suspensives,

  • additional questions being raised,

  • clearer explanations for foreign clients,

  • more attention to potential ambiguities,

  • and sometimes simply a slower, more careful reading of the file.

In my experience, foreign buyers often underestimate how unfamiliar the French purchasing process can be compared to their home country. Having a second notaire involved usually improves communication and reduces the risk of misunderstandings.

Since it does not increase the overall notaire fees, I still believe it is generally a sensible precaution rather than an unnecessary complication.

33

Never had need for two when buying twice and selling the first property. Both parties using the same made a lot of sense. If you don’t understand, you take someone who speaks the language with you which is common sense.

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34

And there is a substantial difference between someone who is buying investment properties - who I would expect to have someone to look after his interests so that he could focus on other things - and a person buying their residence.

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35

I’m sure most notaires are absolutely fine but some are downright dodgy and Julien is right to mention the possibility of overly cosy relations between the notary and the vendor.
Or in my friend’s case, the purchaser. She sold her flat under a viager arrangement to an old guy who owns loads of these places around Strasbourg. She’s French and had her own notary and was very careful about the wording of the contract, especially as regards future possible works in the flat or the building in general.

The first year all went smoothly. In addition to the initial lump sum, she received the agreed monthly sum from the new owner of her flat. Then a rather brusque email arrived, saying the owner wanted access to the flat to see what works needed done.
She referred him to the contract which made it very clear that he had no such right to access except in a small number of very specific circumstances, none of which applied in this case.

Next a scary-sounding letter arrived from his notary, who had been involved in the sale and who, it seems, specialises in viager arrangements. The notary’s letter reiterated the owner’s demand for access, in complete contradiction with what was stated in the contract.
My friend got her own notary to reply, firmly reminding him of the terms of the contract.

A few weeks went by and another letter arrived from the owner, this time enclosing a large bill for major works carried out on communal parts of the building.
Again my friend contacted her own notary, who then wrote to the owner, pointing out that under the viager arrangement, my friend was liable only for a small portion of the costs, with the bulk to be borne by him.

In the course of these shenanigans, my friend did a bit of digging and discovered that the owner’s notary, with whom he is clearly on close terms and has been working for years to buy viager flats, was convicted of “abus de faiblesse” a few years ago and suspended from practising. That suspension has now ended and he’s back in business, sending misleading and threatening letters to old ladies.

Fortunately my friend, at 80, still has a mind like a steel trap and an excellent notary of her own and will not hesitate to report him for harassment if he tries anything else.

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36

The flip side if having 2 notaires sharing the fee is that their interest in the transaction is diluted by 50 %.

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37

And one can also have 2 useless notaires which makes everything even slower and not any improvement in the scrutiny.

Often when moving one is in a new area so don’t know notaires. And the most accessible information comes from questioning existing owners and agents to get a feel for whether notaire is any good. Otherwise you may just be sticking a pin in a donkey’s arse.

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