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Notaires
The
notaire is the lawyer responsible for the conveyancing process and for
drafting and witnessing the deed that is signed upon completion of the
purchase (‘acte authentique’). Notaires
have their routes in the Egyptian scribes and this scribing role remains
the principal function of the profession. The notaire’s other
responsibility is to collect the taxes due upon the transfer of ownership
of a property and remit these to the State’s tax authorities.
It
is very common for a notaire to act on behalf of both parties as his or
her role is to be a neutral party assisting purchaser and vendor to
conclude the transaction between them.
He or she is more of an arbiter than defender of one of the parties
against the other.
Consequently,
the notaire is very different from the lawyer in Anglo Saxon legal
systems. The latter is
representing one party’s best interests against the other in a system
that is much more adversarial in approach.
It is possible for both parties to have their own notaires in
France, thus coming to a position similar to that with which many of us
are familiar. However, there
remain profound differences between the two, which mean that the way in
which they operate is fundamentally dissimilar.
For example, English clients often ask for a copy of the
notaire’s client care letter or a full breakdown of disbursements to the
absolute bemusement of their Gallic lawyer!
Individuals
considering having a different notaire to that of the other party should
bear in mind the following:
-The
fees will not increase if each party has his or her own notaire.
-The
notaires will share the fee. This
can result in one of them doing substantially more work for less money
than he or she would receive if doing the work on his or her own.
This can cause problems in its own right.
-The
vendor usually chooses the notaire. If
you wish to choose your own, the choice should be based on more than a
notaire picked from the telephone directory of a neighbouring town.
-The
notaire does not have to be from the particular area in which the property
is situated.
Nevertheless, using a notaire that is not from the area can create
problems in terms of local knowledge and contacts as well as simple
logistics. 18/12/2002
- Issue of the Week
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