Signing the deed of sale in France: the day at the notary's

Before the appointment

The notary prepares the deed by checking the situation of the people and the property (service-public.gouv.fr, F2962):

• identity and legal capacity of both parties, and the validity of the power of attorney of an absent party;
• the buyer’s criminal record, to make sure they are not subject to a ban on buying a home;
• the état hypothécaire (mortgage search), which confirms the seller’s ownership and reveals any mortgages;
• planning rules, cadastral situation, pre-emption rights, origin of ownership.

The deed sets out the price, the payment terms, the intermediary’s fees and who pays them, the date the property becomes available and the conditions precedent. The dossier de diagnostic technique (survey pack) must be attached to it, along with the certificat d’urbanisme (planning certificate), the clearance of the pre-emption right, the release of any mortgage and, in a copropriété (building in co-ownership), the état daté (statement of account for a sale).

Without a preliminary contract, the buyer has a 10-day cooling-off period starting from the day after the draft deed is first presented; the deed cannot be signed during this period, and no sum may be demanded. If a compromis (preliminary sale contract) has been signed, the withdrawal period has already run: there is no further cooling-off period (service-public.gouv.fr). See compromis ou promesse de vente (preliminary sale contract or promise to sell) and délai de rétractation (buyer’s withdrawal period).

How the signing unfolds

The reading. Whatever the medium, the notary reads the deed aloud before the buyer and the seller sign it (service-public.gouv.fr). The deed must state that the parties have read it or that it has been read to them.

Paper or electronic. On paper, the deed bears the date written out in full, page numbering and the notary’s seal; the notary keeps the original, the minute, held for 75 years at the office before it joins the public archives. In electronic form, the reading takes place on a large screen, the parties sign on a tablet with a stylus, and the deed is kept in the notaries’ central electronic register (service-public.gouv.fr).

One or two notaries. Seller and buyer may choose the same notary or each have their own; the fees are then shared between the two, at no extra cost. When a party does not know how to sign or cannot sign, the deed is signed by a second notary or two witnesses.

Absent on the day? You can be represented by a third party holding a power of attorney; the representation is stated in the deed (service-public.gouv.fr). The notary can also draw up a power of attorney remotely and obtain consent and signature electronically (F37190). The options, including from abroad, are detailed in signer chez le notaire à distance (signing at the notary’s remotely).

Payment of funds

Deed costs fall to the buyer (code civil (Civil Code), art. 1593), unless agreed otherwise. To estimate the amount: frais de notaire (notary fees) and, for new builds, the calculateur dédié (dedicated calculator).

Handing over the keys

The seller must deliver the property. For a building, this obligation “is fulfilled by the seller when they have handed over the keys, in the case of a building, or when they have handed over the title deeds” (Civil Code, art. 1605) (our translation). Service-public.gouv.fr confirms this for a flat: the keys are handed over after the signing of the final deed (F37190).

The seller’s home insurance contract is automatically transferred to the buyer, who may then cancel it, as may the insurer (F37190). See our guide assurance habitation (home insurance).

After signing: publication and title deed

Owner from signing. The buyer becomes the owner on signing; this transfer becomes enforceable against third parties after the deed is published with the land registration office, or in the livre foncier (land register) in the Bas-Rhin, the Haut-Rhin and the Moselle (service-public.gouv.fr).

On the same day, the notary hands over a certificate of ownership. In a copropriété, they also hand over, against signature, a copy of the deed or a certificate stating the private floor area and the remedies if it is inaccurate (F37190).

The title deed. After registration, the notary sends the copy of the deed, bearing the stamps of the tax authorities: this is the title deed. It arrives about 6 months after signing (service-public.gouv.fr).

Co-ownership. The syndic (building manager) must be informed of the change of owner from the signing, by the notary, the seller or the buyer (F37190).

Which professional to consult

The notaire (notary) sets the date, calls in the funds, reads the deed and has it signed, then publishes it. The courtier en crédit (mortgage broker) follows the loan offer through to the release of funds, which the notary requests directly from the bank (F37190); if the loan is not obtained, see condition suspensive de prêt (mortgage condition precedent). The agent immobilier (estate agent) receives their fees after the signing of the final deed (service-public.gouv.fr, F2954); see frais d’agence immobilière (estate agent fees).