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The authentic deed of sale
Authentic act
The sale is a contract that is formed by the exchange of the consents of the seller and the buyer, both on the property sold and on the price. To ensure the legal certainty of the buyer, and allow him to oppose to everyone his right of ownership on the property, it is necessary to publish the sale in the real estate file, kept by the service in charge of land registration.
This publicity can only be carried out if the deed is drawn up in the authentic form, by a ministerial officer: the notary. Thus, once the sales agreement has been established, the notary will carry out all the formalities necessary for the establishment of the authentic deed of sale.
The notary who drafts the authentic deed of sale carries out a number of checks beforehand:
• identity, capacity, marital status of the seller and the buyer,
• situation of the property with regard to urban planning rules, cadastre, mortgages , the origin of the property.
The notary also carries out any formalities necessary for the purge of the pre-emption rights of the municipality (Sheet 12-1: The right of urban pre-emption), of a territorial collectivity, and of the tenant (Sheet 12-2: The tenant's pre-emption rights).
When all the conditions are met, the notary has the authentic deed of sale signed by the seller and the buyer. Then he carries out the advertising measures with the real estate file and pays the taxes relating to the sale (transfer taxes, capital gain ...).
This publicity can only be carried out if the deed is drawn up in the authentic form, by a ministerial officer: the notary. Thus, once the sales agreement has been established, the notary will carry out all the formalities necessary for the establishment of the authentic deed of sale.
The notary who drafts the authentic deed of sale carries out a number of checks beforehand:
• identity, capacity, marital status of the seller and the buyer,
• situation of the property with regard to urban planning rules, cadastre, mortgages , the origin of the property.
The notary also carries out any formalities necessary for the purge of the pre-emption rights of the municipality (Sheet 12-1: The right of urban pre-emption), of a territorial collectivity, and of the tenant (Sheet 12-2: The tenant's pre-emption rights).
When all the conditions are met, the notary has the authentic deed of sale signed by the seller and the buyer. Then he carries out the advertising measures with the real estate file and pays the taxes relating to the sale (transfer taxes, capital gain ...).
Good to know
The final deed of sale is a so-called " authentic" deed , necessarily drawn up by a notary. As a public officer, he is the guarantor of the security, transparency and smooth running of this transaction.
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