Home > Expert advice > Fact sheets > Can I choose the notary who will draw up the deed of sale?
Can I choose the notary who will draw up the deed of sale?
Choosing your notary
Whether you are a seller or a buyer, you can be assisted by the notary of your choice (Sheet 5: The authentic deed of sale). Notaries in France have a national competence. It is possible for them to carry out the deed of sale of any property located on the national territory. Everyone has the free choice of his notary, as recalled by the national regulations of the notariat.
It is considered that the buyer has priority to designate the notary to whom he wishes to entrust the drafting of the authentic deed of sale. The seller has the right to be assisted by the notary of his choice. Notaries then work in joint ownership. The notary who attends the signing without having drawn up the deed himself is called "second notary".
Seller and buyer can agree to designate the notary who will draft the deed of sale. However, the national regulation and inter-court regulation of notaries may assign the drafting of the deed to the notary of the seller rather than to the notary of the buyer.
The remuneration to be paid to the notary is not higher if each of the parties uses a separate notary. The two notaries share the emoluments provided for by law.
It is considered that the buyer has priority to designate the notary to whom he wishes to entrust the drafting of the authentic deed of sale. The seller has the right to be assisted by the notary of his choice. Notaries then work in joint ownership. The notary who attends the signing without having drawn up the deed himself is called "second notary".
Seller and buyer can agree to designate the notary who will draft the deed of sale. However, the national regulation and inter-court regulation of notaries may assign the drafting of the deed to the notary of the seller rather than to the notary of the buyer.
The remuneration to be paid to the notary is not higher if each of the parties uses a separate notary. The two notaries share the emoluments provided for by law.
Good to know
The intervention of two notaries is not synonymous with higher notary fees. Instead of being collected by a single public officer, the amount of the fees (which remains the same) will be shared between the two notaries.
Other fact sheets
- Je suis intéressé par un bien immobilier, mais je n’ai pas encore les fonds pour l’acheter, je devrais les avoir dans peu de temps. Comment mettre une option sur ce bien ?
- Le particulier qui achète un terrain bénéficie-t-il d’un délai de rétractation ?
- Que se passe-t-il s’il y a une erreur de surface lors de la vente d’un lot de copropriété ?
To go further:
Our guide to frequently asked questions about real estate is here to help you see more clearly.
Quickly find an effective letter template to meet your expectations as much as possible.
