The use of a real estate notary is essential when it comes to real estate sales. This last council, approved and writes the acts. He accompanies his clients throughout their sale.
According to article 1583 of the Civil Code, the sale is complete as soon as the parties agree on the thing and on the price.
But in practice, this is not enough.
Indeed, for reasons of proof and consequently of legal certainty, it has long been provided for the publication of sales at the competent Mortgage Office, in order to know and to make known, in an indisputable way, who is the owner of a good.
And it is the real estate notary who is responsible for carrying out this formality in order to make the sale opposable to third parties, that is to say valid, not only between buyer and seller, but also with regard to all.
Also, the real estate notary informs about the terms and charges of the real estate sales contract as well as the taxation of the sale and purchase of real estate.
The use of a notary for your real estate transactions is essential. Indeed, in terms of real estate sales, the role of the notary is to advise you and to verify and draft the deeds that you will be required to sign. It must be said that the notary offers optimal security to the transfer of ownership of real estate by intervening in each step of the process.
See all the offers from your real estate notary
The notary makes it possible to effectively advance the sales process. Because by carrying out a certain number of legal and tax checks and by completing various essential formalities in this area, the notary prevents any dispute with the purchaser. This is how he will ensure your title deed or that the real estate diagnostics have been carried out. It is also up to him to notify the right of withdrawal or even to purge the rights of preemption.
Your notary, single point of contact for your real estate project
Being able to rely on a particularly complete real estate database, provided voluntarily by all the notarial offices of the United States, the notary has in-depth knowledge of the market and the rates applied. Your notary, in terms of real estate, also has jurisdiction to determine the value of your property and carry out a real estate appraisal. Also, the notary can be affiliated with a real estate negotiator since he assists both the seller and the buyer in their research.
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The notary specializing in real estate, his role
You can entrust your notary with your entire real estate project: signature of the preliminary contract, drafting of the final deed, management of administrative formalities such as prior declarations or even the purging of the right of preemption, calculation of the various taxes which must be declared to the administration, your notary is your best ally to ensure the success of your real estate project.
Your notary, guarantor of the legal security of your real estate project
As a public officer, the role of the notary is crucial in any real estate sale. It is indeed he who ensures the correct execution of the contract and gives it the required legal certainty, as well as the expected confidentiality. The real estate notary manages the following aspects in particular:
- It gathers the necessary documents and avoids any possible dispute;
- He inquires about the identity of the parties to the contract, checks their marital status, title deed, mortgage situation and other conventional easements;
- He purges the pre-emption rights and checks that the pre-sale diagnoses have been carried out;
- He registers the legal situation of the property that is the subject of the transaction with the Land Advertising Service;
- It guarantees the preservation of the title deed by keeping it in its office for 75 years;
- It allows the investor to take full measure of the management of his real estate assets.
In summary, the notary dedicated to your real estate project allows the effective advancement of the sales process. It is he who allows you to carry out the various legal and tax checks by carrying out the required formalities.
Notary fees in real estate
At the time of acquisition, the buyer will have to pay the real estate notary fees, which are defined according to three categories:
• "transfer duties", i.e. taxes paid to the State and local authorities (approximately 8/10th of the costs).
• “disbursements”, i.e. the sum paid by the notary to obtain certain documents (approximately 1/10th of the costs)
• the “emoluments”, i.e. the remuneration of the notary itself (approximately 1/10th of the costs). They are regulated and are only paid once the act has been regularized.
Note: “fees” refer to acts whose price is not regulated, such as commercial leases or legal advice.