What documents can the notary request in the sale of a property?
The process of buying and selling real estate in Paris requires the submission of various documents from both parties (buyer & seller). And they all have to be submitted to the notary. As some of these are fairly hard and time-consuming to get, it's typical for a real estate transaction to be completed within 2 to 3 months. Sometimes even more.
What documents must the purchaser submit?
Generally, the buyer must submit the following documents to complete their property purchase:
- Proof of identity (i.e. valid IDs like passport, residency card, etc.)
- Proof of family situation (i.e. marriage certificate)
- Proof of address (i.e. current rental lease)
- Information concerning the method of financing (i.e. mortgage documents, loan terms, bank details, etc.)
- Information concerning the purpose of the project (i.e. main residence, company documents for office use, transformation, etc.)
What are the documents to be transmitted in case of sale of a condominium unit?
The seller of a condominium unit must send the following documents:
They have to be submitted no later than the date of signing of the promise of sale.
- A summary sheet of the financial and technical data relating to the co-ownership and its building (amount of current expenses, sums likely to be due by the buyer, statement of unpaid charges, statement of debts vis-à-vis suppliers) (Article L721-2, 2 ° of the CCH)
- The co-ownership regulations (information notice relating to the rights and obligations of the co-owners as well as the functioning of the bodies of the syndicate of co-ownership.) (Article L721-2, 4° of the CCH)
- The minutes of the general assemblies of the last 3 years
- The building's maintenance log (Article L721-2, 3° of the CCH)
- The conclusions of the global technical diagnosis (DTG) and the technical diagnostics on the common parts to be requested from the trustee (i.e. asbestos, lead, termites, energy performance, etc.) (Article L721-2, 5° of the CCH)
- Contact information for the syndic of the co-ownership
- The dated pre-state
- Copy of authorizations requested and obtained from meetings that mention the area (Carrez Law meter) - Article 46 of the 1965 Law provides that “Any unilateral promise of sale or purchase, any contract carrying out or proving the sale of a lot or a fraction of a lot shall mention the area of the private portion of this property or fraction of the property. The nullity of this act may be invoked on the basis of the absence of any indication of the area”
They have to be submitted no later than the date of signing of the promise of sale.
What documents does the seller have to submit?
Generally, the seller must submit the following documents to complete their real estate sale:
In case of added value, it will be necessary to provide :
The objective is to allow the buyer to have complete and total knowledge of the property before signature. Any hidden defects found after the purchase may pose various problems down the line.
If the seller is a company, the following documents must be submitted:
- Proof of identity (i.e. valid IDs like passport, residency card, etc.)
- Proof of family (i.e. marriage certificate)
- Title deed and deed of acquisition
- Floor Plans
- Documents relating to the work and renovations that have been carried out on the property (including the building permit and minutes of the general meeting of co-owners) for less than 10 years as carried out by the owner/seller themselves or by companies (invoices from companies and materials showing VAT, damage insurance contract, etc.)
- Mandatory Technical Diagnostics (According to Articles L 271-4 to L 271-6 of the CCH)
- Taxes (i.e. last tax notices, property tax, and housing tax)
- Documents relating to their mortgage
- Copy of the current rental lease (if the property is currently rented out)
- If the property is mortgaged, attach the amortization table of the current loan and the details of the bank to be repaid (loan number – agency).
In case of added value, it will be necessary to provide :
- Diagnostics invoice
- Acquisition cost invoice
- Agency commission invoice
- Invoice for the work
The objective is to allow the buyer to have complete and total knowledge of the property before signature. Any hidden defects found after the purchase may pose various problems down the line.
If the seller is a company, the following documents must be submitted:
- Extract Kbis
- Copy of the registered and updated articles of association
- Copy of the minutes of the general meeting that appointed the manager (if not designated in the articles of association)
- A copy of the minutes of the general meeting that officially allowed the manager to sell the property
- Original copy of the RIB
- The completed "seller/sale of a condominium lot" questionnaire
What documents must be provided when selling a house?
When selling a house and lot, the seller must submit:
- The deed of ownership of the land
- Building permit used to construct the house
- Any or all declarations of completion of the work
- Certificates of conformity and the ten-year warranty (if the house is less than 10 years old)
- In the case of a furnished property: A precise list of furniture inside as well as their prices. All furniture under warranty must be accompanied by a corresponding invoice. The price of the furniture will be deducted from its final amount by the notary, thus reducing the notary fees.
- Sale of rental housing: the copy of the lease and/or original copy of the terminal notice for the departing tenant
Ce qu’il faut retenir :
- The real estate process often takes around 2 to 3 months (sometimes even more) because it takes time to gather all the required documents from both parties (buyer & seller).
- The buyer is required to submit documents that prove that they are financially able to carry out the real estate sale.
- The seller is required to submit documents that give all the necessary information about the property.
- When selling a condominium unit, the seller has to submit documents relating to its co-ownership with the Owners Association of the condominium building.
- When selling a house, the seller has to submit documents relating to its construction.
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Posted on 30/12/2022 by
Andy LECUYER
