Buying a house or an apartment entails many additional expenses, including notary fees. On paper, nothing obliges to use its services, but in fact, things are different.
A real estate purchase is always a major expense. One can therefore be tempted to do without as many ancillary services as possible, in order to concentrate its budget on the good in himself. Among the additional expenses deemed expensive, are the famous notary fees, which we would do well. After all, why couldn’t we just pay the seller?
And in fact, the law does not indicate anywhere that it is mandatory to go through this public officer to complete a sale. This is defined by the Civil Code as “an agreement by which one is obliged to deliver a thing, and the other to pay for it”. In theory, you could therefore buy without a notary. The simple “private deed” (signed by both parties) makes the contract enforceable against the seller as well as the buyer and their assigns. But its strength stops there. Because the sale of real estate goes beyond a simple agreement between two people. It must be able to oppose third parties and also concerns public services.
A notary to validate the real estate purchase and advise
If the term “notary” is not mentioned in the texts, the law imposes an authentic act so that the sale is perfect. However, only the notary is authorized to authenticate the transaction. Similarly, a real estate sale imposes advertising methods. It is also the notary who will have to carry out this process. Moreover, it is also the responsibility of the notary to collect and transfer to the state the taxes inherent in the real estate transaction. These are included in the famous “notary fees”.
It is therefore not possible to completely do without this intermediary. On the other hand, if it is usual to involve him in other stages of the real estate purchase, it is not always compulsory to use his services. This is for example the case for the conclusion of a sales agreement. This act can only be carried out between the two parties using a standard document that is easy to find online. However, the realization of the compromise remains technical and time-consuming since it is necessary to join many parts.
The help of a notary, or at least a real estate agent, can therefore be invaluable. In a general way, the notary can have an advisory role throughout the sale. Doing without some of its services is possible, but it is better to already have a good foundation in real estate transactions.