Is an authentic act mandatory to sell real estate?

By fashionlifeshopping 20/07/2022 896 Views

Sellmorgane Jacquet June 02, 2019 Updated on Nov 10, 2019 Share on

The sale of a property operates a transfer of ownership of the seller to the buyer, which is only possible in the presence of an authentic deed of sale established by notary.

Image

Pour en être reconnu comme le nouveau propriétaire, l’acte de vente doit être publié au service de la publicité foncière. © jacoblund

The authentic act is compulsory to carry out the transfer of ownership

You buy a property.To be recognized as the new owner, the sale must be brought to the attention of third parties, that it is enforceable against third parties.This is only possible if the act of sale is published in the land advertising service of the location of the building.This is an essential condition for the buyer to be recognized as the owner of the property.The transfer of property has taken place.Very important point, publication in the land advertising service is only possible if the act of sale takes on the authentic form.

Good to know

The land advertising service was previously called Mortgage Conservation Service.

Only a notary can perform such an act of sale

Un acte authentique est-il obligatoire pour vendre un bien immobilier ?

Article 1369 of the Civil Code provides that the authentic act is that which has been received, with the solemnities required, by a public officer having competence and quality to instrument.These are notaries who are public and ministerial officers.The authenticity of a real estate sale therefore depends on its establishment by a notary.You will of course have notary fees to pay, as an acquire, but the deed of sale will bring you very strong legal certainty.A ministerial response brings clarification: the countersignity of an act of sale by a lawyer does not give it authenticity allowing publication to land advertising.The use of a lawyer can however reassure the seller and buyer parties.The authentic character of the deed of sale gives it certain date, convincing force (you will be recognized as the owner of the property until proven otherwise), and enforceable force.