What is the role of the notary during a purchase?
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Context:

To be valid, any real estate sale must pass before a notary, a public officer acting on behalf of the State. It is the assurance for the parties of an authentic transaction in the eyes of the law and of legal certainty.

The notary is above all known for the acts he writes, in this case in the authentic form. Its essential mission is in fact to receive the agreement of the parties, formalizing it in writing.

Tips:

The roles of the notary are simple:

  • Authenticate the transaction
    The notary performs the formalities necessary for the authentication of the deed of purchase: preparation of contracts, signature of the preliminary contract, handling of certain administrative formalities (purging of pre-emption rights, etc.), calculation of taxes and declaration to the Administration, signature of the final act.
  • Obtain title to the property
    After signing the sale, the notary first registers at the mortgage office: the deed is published in the real estate file. It also pays the Administration duties and taxes which you paid by signing the purchase. He provides copies and extracts of the deed of sale, in particular to the cadastre office. Finally, he keeps the original of the deed of sale for 100 years.
  • Guarantee a quiet purchase
    The notary allows you to move forward efficiently in your purchasing process. Because by carrying out a certain number of legal and tax verifications, the notary prevents all subsequent disputes. This is how he will ensure the seller's title deed or that the real estate diagnostics have been carried out.
  • Advise and negotiate
    The notary has a support mission that will allow you to understand all the laws on real estate.
    He is also able to guide you on property prices and can help you negotiate the purchase price.

Let's talk about the costs ...

Regarding notary fees, be aware that as a buyer, the notary will ask you to pay 3 types of fees which are:

  • The "transfer rights"
    These are the taxes paid to the State and to local communities, or about 8 / 10th of the costs. The amount varies depending on the property (old, new or recent) and the nature of the deed.
  • The "disbursements"
    This is the amount paid by the notary to obtain certain documents (i.e. around 1 / 10th of the costs).
  • The "emoluments"
    This is the remuneration of the notary itself (i.e. around 1 / 10th of the costs).
    They are regulated (decrees of March 8, 1978, May 16, 2006 and March 21, 2007) and are not paid until the file is closed.

To note : “fees” designate acts for which the price is not regulated, such as commercial leases or legal advice.
In the case of a real estate negotiation, a national tariff is also fixed: it is calculated at the rate (excluding VAT) of 5% up to 45,735 euros; and 2.5% beyond.
Let's take an example to clarify : if your real estate purchase amounts to 100,000 euros, count 45,735 euros at 5% and 54,265 euros at 2.5% (to which you will add VAT at 19.6%).