We receive the buyer's offer to purchase and, as a general rule, the seller's documents (sales deed, mortgage deed, certificate of location, in the case of condominiums, declaration of co-ownership, etc.) and review them.
We will request a statement of municipal and school taxes and, if applicable, copies of oil supply contracts, water heater rental agreements, leases, etc. If necessary, we will communicate with any creditor holding a mortgage on the property to obtain the balance to be repaid. In the case of divided condominiums, we will send a questionnaire to the secretary of the condominium corporation, requesting a response within a five-day period. This questionnaire includes, among other things, common expenses, amounts accumulated in the reserve fund, potential disputes, and the existence of special assessments.
We will examine the property's titles to ensure the buyer that the seller is indeed the owner and has the right to sell the property. The notary also ensures the capacity and identity of the parties. For individuals, the notary will, among other things, verify their marital status and matrimonial regime. For legal entities, we will verify the legal existence of the company, its registration in the appropriate registries, and, if necessary, prepare the necessary regulations and resolutions to proceed with the sale.
It is important, depending on the type of property, to verify the applicable laws or regulations related to the property: agricultural zoning, cultural property, property located in a protected area, real estate development, etc.
The notary will prepare the deed of sale and obtain the parties' signatures. During the transaction, the notary will submit to the parties the statement of apportionment and the disbursement of the sale price. After the deed of sale is signed, the notary will prepare copies of the deed and ensure its publication in the Land Registry, paying attention to any undesirable encumbrances (legal mortgages, notices of tax sale).
Finally, after the deed of sale is published without any adverse entries, the notary will release the sale price to the seller, deducting any mortgage to be discharged, if applicable, and certain fees (real estate agent, land surveyor, notary).
We invite you to consult a notary who is a member of the Notaire-Direct team because they: