A property can change in a few weeks: new risk, regulatory changes, right of pre-emption, etc.
Between the promise of sale and the definitive signature of the authentic deed, determining elements can change without the purchaser being aware of it. This is what the Court of Cassation points out, which has already condemned a notary for not having updated the state of risks between the two signatures, for example.
Here is advice from a notary so as not to forget anything before signing your real estate purchase.
An obligation of verification, from the compromise until the signature
The role of the notary is not limited to the final signature. It intervenes from the compromise, with an initial work of collecting and verifying legal information. This work is not limited to the sales framework alone: it also extends to verification of the identity of the buyer and seller.
But above all, these controls are not fixed. “All verifications are updated until the day of signature”underlines Maître Léa Colin, associate notary for the Montmartre Réaumure notary office study. “We inform the buyer of all changes that may impact their consent or the balance of the contract.”
A prefectural decree can thus quickly change the situation of a property. In this case, the notary must inform the buyer, under penalty of committing his responsibility.
What the notary does not check, and which buyers sometimes discover too late
However, these checks have limits. “The notary does not visit the property and does not check what concerns the environment or neighborhood life”recalls Master Colin. Noises, neighborhood, neighborhood atmospherer escape its control.
Same observation for thecondition of the property. “We do not check the equipment or the actual condition of the accommodation”, she specifies. Humidity, defective installations, poorly carried out work are the responsibility of the buyer.
“We always plan a new visit before signing to verify the absence of disaster or unforeseen occupation.”advises Maître Colin. The notary relies on the seller’s declarations and the clauses of the act.
Responsibility committed, but blind spots
The notary can see its liability engaged in the event of failure to verify or provide information on an element that he was supposed to control. “If a decisive document is not requested or if important information is not transmitted, we may be held liable,” underlines Maître Colin.
In co-ownership, he can also go further, as part of his duty of information. “We analyze the minutes of the general meeting and, if necessary, we contact the trustee to complete certain information.” The objective is to identify the voted workbut also to anticipate those likely to be engaged. “We try to find out what the buyer will be responsible for, particularly in terms of charges and work.”
These elements are far from being secondary. In Paris, a facade renovation can represent between 100 and 250 € / m², while roofing work can reach several tens of thousands of euros for a condominium. Amounts capable of completely changing the balance of a real estate project.
Be vigilant about the work voted on by your trustee
But certain information may escape him, particularly when work has not yet been voted on or formalized, even if the notary strives to anticipate the share payable by the purchaser. It is therefore in your best interest to ensure that these checks have been carried out, even if it means asking your notary to confirm these elements with the trustee. Furthermore, the work voted on in the general meeting are not always paid by the person who decided them. In some cases, it is the buyer who bears the cost after the sale. A point that the notary must clarify in the deed, but that the buyer has every interest in verifying himself.
Case law has already sanctioned notaries for failing to provide information on key elements (servitude, right of pre-emption, legal constraint). The buyer must verify that these elements have been checked and updated.
A shared responsibility
Not all notaries have the same level of involvement. Some may go so far as to contact the trustee to ensure that no information has been omitted. But a sale is also based on the buyer vigilancewho must ensure they have all the information before committing.
It benefits from a 10 day withdrawal period after signing the compromise. A key moment for reread and check. After this period, new elements may constitute an exit doorparticularly if they call into question his consent or a suspensive condition.
