Real estate law

Notary fees for a property purchase average 7 to 8% of the sale price for an existing property, and 2 to 3% for a new property (off-plan). They comprise the duties and taxes paid to the State (around 80%), disbursements (costs incurred on behalf of the client) and the notary's remuneration, which is regulated by decree. Maître Capdevila provides you with a detailed estimate from the very start of the file.

Yes, absolutely. Each party, buyer and seller alike, may appoint their own notary. In this case, the two notaries collaborate on the file and share the fees, at no additional cost to the client. It is even recommended, to ensure that your interests are defended by your own adviser.

The usual timeframe is 2 to 3 months between the signing of the preliminary sale agreement and the authentic deed. This period allows for the legal checks to be carried out (mortgage status, town planning, diagnostics), for bank financing to be obtained and for any pre-emption rights to be cleared. It can be shortened if all the conditions are met quickly.

An authentic deed is a document drawn up by a public officer (the notary) that gives it evidential and enforceable force that private agreements do not have. For property sales it is mandatory: without it, the transfer of ownership is not enforceable against third parties and cannot be published in the land register.

The notary verifies the legal soundness of the property (title deed, easements, mortgages, town planning) but does not carry out a physical inspection of the property. Hidden defects are the responsibility of the seller. This is why the mandatory property diagnostics (energy performance, asbestos, lead, etc.) are appended to the deed and their completion is verified by the notary.