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Power of Attorney at the Notary’s Office

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I am selling my house, which is connected to the public sewer system (tout-à-l’égout). My notary is requesting a technical inspection of the wastewater drainage system. Is this mandatory?

It depends on the municipality where the property is located. The purpose of this inspection is to verify that wastewater is not being discharged into the stormwater drainage system. This control may be mandatory if: The municipality has issued a local decree requiring it, pursuant to Article L2224-8 of the…
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I asked my notary for the cost of a donation deed concerning a real estate property. The amount he quoted does not match the fee schedule I found in the French Commercial Code. Is this normal?

Yes. The French Commercial Code (Articles A444-53 et seq.) sets out the notary’s fees, known as emoluments, which represent the notary’s remuneration. However, the total cost of a donation deed includes several other components: Registration duties (droits d’enregistrement) payable to the tax authorities; Value Added Tax (VAT) applicable to certain…
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I am taking out a loan, and the bank requires a mortgage to be registered on my property. For cost reasons I would like the bank to handle the formalities. My notary says this is impossible. Is that true?

Yes. For a mortgage to be valid it must be executed by notarial deed (Civil Code, Article 2409). The notary handles registration and publication with the land registry service. The mortgage then becomes enforceable against third parties. The notary must practice in France if the property is located in France…
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Can we still contact a notary during containment? And if yes, how?

Yes. In accordance with the measures of Decree No. 2020-260 dated March 16, 2020, the approximately 6,000 notarial offices have closed their reception to the public since March 17, 2020. But about 90% of them continue their activity remotely. They can be reached by phone, email and videoconference. Notaries are…
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My spouse and I are German nationals. We are going to buy a house in France from a couple where the husband is also German. The preliminary sale agreement was written in German. The notary tells us it is not possible for the authentic sale ...

....deed to be in German. Is this correct? Yes. While it is possible to draft a private agreement in a foreign language under certain conditions, documents prepared by a notary must be written in French.
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