When the notaire is also the agent

I don’t see any conflict of interest, the notaire is acting as an agent but they never act as ‘your’ solicitor would in the UK they just act as administrators for the sale. As others have said using another notaire is no big deal and it won’t cost or save you any money as the notaire’s fee is the same whether paid to one notaire or split equally between two. As Catharine says, don’t believe everything that you read online, do the foreign buyers know more than the locals?

I certainly don’t believe everything I read on line, but you can read something and analyse whether it is worth considering. Whatever way anyone looks at it, where a notaire is also the agent for the seller, there is a potential conflict of interest. That is unarguable. It may all go happily, indeed in most instances it probably will, but there is that risk.

It’s good to know you have that amount of experience. Thank you. I’m not deeply suspicious of Notaires at all. In fact I think it’s a pretty good system compared to the adversarial one in England and Wales.

What has been said to me was at a discussion within a large group just a few days ago and I delved no further than simply absorbing the advice that I should be cautious of the local notaire, and consider appointing another from about 25 km away. These people were not natural scaremongers, that was obvious. I will ask them privately to see exactly why they feel this way.

I still think that you are misunderstanding the role of the notaire but as I and others have said, use another, you have the right and it will cost you no more.

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I would also be interested to know the reasons why people are recommending you use a non local notaire, so please do report back on this.
On the face of it, the great advantage of using the local notaire is precisely that, their local knowledge. They know the town plan intimately, they know the local rights of way, they know the issues that affect the commune and any history behind them, and they know the properties - in some case they will have handled a previous change of ownership or even several on the same property. A notaire from outside won’t have the same first-hand knowledge.

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In that case it may well be that there is a perfectly legitimate reason for avoiding him so I would definitely do as you plan to and enquire further!
Last year I handled a sale for a friend and the buyer was insistent that we did not use the local notaire. This was the notaire who had handled our purchase 8 years ago and it was a very long drawn out affair - culminating in an extra three month completion delay - by this time I was so stressed I ended up crashing the car! Anyway… I had put it down to the seller being tricky and general bad luck, but apparently they were just a useless notaire and the one she insisted we use - about 50km away - was brilliant.

At least you can give a good reason (ie long-drawn-out) when advising someone against that Notaire… then it is up to folk to make an informed decision.

I do get irritated by folk who will deride another… without giving a good reason.

If asked about a particular local Notaire… I quote the fact the he made a serious mistake during a property/land transaction.

The “mistake” has only recently come to light…and our Council are in the throes of getting the implications/complications corrected. This is no secret, so I pass it on (if asked) as it would certainly give me pause for thought before using said Notaire.

The fact that, also, he favoured a friend over a foreigner in another transaction… is difficult to prove and, therefore, I do not offer that info to influence others one way or another… :zipper_mouth_face:

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