How to enter the notaries’ room in the event of a dispute?

The Chamber of Notaries is an essential institution in France for notaries and their customers. It plays a key role in the regulation and supervision of notarial studies, but also in the disputes between notaries and their customers. Why enter the notaries’ room? How to do it? What consequences? Here is everything you need to know in the event of a dispute with a notary.

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How are notaries’ rooms in France organized?

In France, each department has a chamber of notaries, although some are interdepartmental. This is the case with the Paris Chamber of Notaries. It brings together the public and ministerial officers of the capital, Val-de-Marne and Seine-Saint-Denis, or more than 2,014 notaries. The chambers of notaries are the subject of a grouping within a regional council of notaries, itself affiliated with the court of judicial appeal of its sector.

What is the role of the notaries’ room?

A power of control and regulation

The notaries’ chamber operates real control over notaries offices and on the exercise of notary’s functions. It has a regulatory power on the notarial market. Thus, it must give its approval during the installation of new notaries in its geographic sector. Referent and expert institution, it helps notaries to best manage their activity and set the notary fees.

A body empowered to sanction

The rooms ensure the proper functioning of notarial studies and respect for ethics. In the event of a breach, they are empowered to make a reminder to order and to put in place appropriate sanctions. A room can be entered by any customer who feels injured by the inappropriate behavior or act of a notary. This body therefore has an advisory, informative, promotional and regulatory role of notarial activities.

What are the missions of the Chamber of Notaries?

The notaries’ rooms fulfill several missions. Among these are:

• information from notaries;
• control of notarial studies and respect for ethics;
• optimization of notarial practices;
• Reception and communication with the public …

As part of this last mission, they can act as mediators between notaries and their customers, especially in the event of a dispute. They also provide legal information to the public.

When to bring in the notaries’ room?

The Chamber of Notaries has a mediator role in the event of a dispute between a notary and his client. It can be seized by anyone believing that it has been injured, thus offering an amicable remedy before considering legal action. This is a legal right of appeal, recognized by the order of August 20, 2015. The dispute can result from the following situations:

• the absence or lack of relevance of legal advice;
• the notary’s partiality in relation to a third party;
• non-compliance with professional secrecy;
• a refusal of an appointment;
• errors and processing delays in file management …

The Chamber of Notaries can also be entered when a professional practices too high pricing, for example in the context of a real estate transaction.

How to enter the notaries’ room?

Send your complaint by mail to the president of the notarial chamber

In the event of failure of the attempted conciliation, the customer can send his complaint, by mail or email, to the president of the regional or interregional council of notaries on which the practitioner depended at the time of the facts. The following information should be provided:

• Elements of identification of the natural person.
• Elements of identification of the legal person.
• Elements of identification of the notary implicated (name, first name, contact details of his notarial office).
• Facts at the origin of the complaint (detailed explanation of the situation)

As far as possible, the customer must provide all the necessary supporting documents. These are essential to attest to his good faith. It is advisable to be assisted in his efforts by a lawyer.

Note : Regarding the invoicing of excessive prices or to the realization of an unlikely legal assembly, it is possible to prosecute the notary before the civil authorities.

What is the continuation of the procedure?

Decision of the President of the Regional Council

Upon receipt of the mail, the president of the regional council must issue the person at the origin of the complaint an acknowledgment of receipt. He then informed the notary concerned and asked him to present his observations. He can then decide to classify the case without follow -up, open a conciliation with the notary or transmit the file to the disciplinary jurisdiction of the notaries. The response time varies depending on the rooms and the influx of requests.

Undeveloped classification

In the event of a classification without follow -up, the Chamber of Notaries must notify the customer explicitly. His decision can be motivated following an abusive or not founded complaint. The customer can then seize the disciplinary jurisdiction of the notaries or the Attorney General.

Opening of a conciliation

The notaries’ chamber can request the opening of a conciliation between the customer and the notary questioned. If it leads to an amicable solution, the dispute is set. In the event of failure, the customer can seize the disciplinary jurisdiction of the notaries and the Attorney General.

Referral to the disciplinary jurisdiction of notaries

If he considers the based complaint and the facts reported allow, the president of the regional council of notaries may transmit the file to the disciplinary jurisdiction of the notaries. Its mission is to sanction notaries for non-compliance with their professional rules.

What are the sanctions incurred by the notary questioned?

Notaries having committed an ethical violation of the rules of the profession, an abuse of weakness or a scam are exposed to criminal proceedings. The regional disciplinary jurisdiction may pronounce the following disciplinary penalties:

• Warning
• Blame
• Prohibition to exercise temporarily for a maximum period of 10 years
• Distribution (a permanent exercise ban)
• Loss of the quality of honorary notary
• Penalties in terms of money laundering
• Fine of maximum 10,000 euros or 5 % of turnover excluding taxes of the current year

How to contact the Chamber of Notaries?

Consult the directory of the departmental chambers of notaries

The government provides users with a directory of the departmental chambers of notaries. It is enough for him to indicate his postal code, his city, his department or his region. He then obtained the name of the room to which he is attached, with the opening hours and the various means of contact (address, email, telephone number …).

Send a letter or an email

It is possible to contact the Chamber of Notaries by sending a complaint letter or an email. Addresses are available on the site of each room. The letter must mention the situation, the origin of the dispute, without forgetting the reason why the customer first contacted the notary (for the sale of a house, the preparation of a succession for the beneficiaries, The drafting of a marriage contract …).

Consult the site of the Chamber of Notaries

Each of the notaries’ rooms has its own website. There is a contact form to request their services or their help. After having completed it and sent, the user receives an acknowledgment of receipt attesting to taking into account the request.