Notarial deed of sale
A deed drafted and signed before a notary that officially transfers ownership of a property from seller to buyer, and during which the bank disburses funds to the notary's account. It follows the preliminary contract and contains the property description, price, payment terms, and mortgage status. The deed is registered with the land-registry authority.
Key points
- The only instrument that legally transfers real-estate ownership from seller to buyer.
- Mortgage funds are wired to the notary's account before the deed is actually signed.
- The deed is registered with the land-registry authority, making the transfer enforceable against third parties.
- It includes the mortgage status of the property, confirming the absence of unknown charges.
Frequently asked questions
Why do mortgage funds arrive at the notary before the signing?
The bank transfers funds to the notary's escrow account (usually the day before or the morning of signing) to guarantee the seller will be paid immediately at signing. The notary does not hand over the keys until all funds, personal contribution and mortgage, are together in the account. This protects both the seller and the lender.
What happens if the notarial deed is signed later than the date agreed in the preliminary contract?
The deadline in the preliminary contract is indicative and can be extended by mutual agreement through an addendum. If the delay is caused by the bank's processing time, the broker anticipates the extension request. Without agreement, the party responsible for the delay may receive a formal notice and face contractual penalties depending on the preliminary contract's terms.
How does remote or power-of-attorney signing work at the notary?
Remote electronic signing (acte authentique électronique) has been permitted for all French notaries since 2017. It takes place via a secure video-conference with a qualified electronic signature system. A power of attorney is also possible: the absent party authorises a third person (often the co-buyer or a relative) to sign on their behalf, provided the power of attorney is itself notarised.
In practice
On signing day, the bank transfers €220,000 to the notary's account at 9 a.m. At 2 p.m. seller and buyer sign the deed; the notary hands over the keys after confirming the €40,000 personal contribution was received the day before. The sale is then complete.
Official sources
- Off-plan sale (Vefa): deed of sale · Service-Public.gouv.fr
- Sale agreement and loan condition precedent · Service-Public.gouv.fr
- Housing and financing information · ANIL
