Documents to be sent to the notary
Once you have visited a property that meets all your needs and desires, an offer is proposed to the seller. After the offer has been accepted comes the time to concretize its commitment in the sale by signing a sales agreement at the notary. The notary, in charge of drafting the final deed of sale will ask to receive a number of specific property documents in order to carry out a legally legal and correct sale.
Documents to be sent to the notary for a real estate sale
It is important to keep in mind that only the owner or owners of a property have the power to decide to sell it. A transaction carried out by a third party other than the owner of the property, and not being mandated, runs the sale towards its nullity. In order to prove as such his quality as owner of the property, it is essential to be able to provide the notary with a deed of acquisition, partition or gift. He will then examine the situation to find that the property is not encumbered by a mortgage or lien corresponding to an amount greater than the price at which the property is sold. It will therefore be necessary to provide the notary with a mortgage statement. A cadastral extract as well as urban planning documents will be required.
In order to ensure that the purchaser has all the legal information and as much information as possible, it is essential to transmit any deeds indicating easement of passage to the notary, or similar states. This information, commonly recorded in the title deed, may also be the subject of an ancillary agreement.
For any type of property, being potentially rented, it is agreed to verify whether the lease or a provision of public order such as the law of 6 July 1989 in the context of a residential property, brings a right of preference to the tenant or the benefit of the right of pre-emption. The tenant is therefore given priority over the purchase of the property.
Special documents in a condominium or subdivision
These documents are therefore necessary:
- The dated pre-state,
- The technical diagnostics file,
- The summary sheet of the co-ownership,
- The descriptive state of division and the co-ownership regulations.
In the case of a property sold in a subdivision, the following documents will be required:
- The specifications,
- Subdivision regulations,
- The copy of the order allowing the subdivision;
- (The statutes of the ASL, in case the property is in an ASL.)
- The notary, responsible for drafting the final deed of sale, will ask to receive a number of specific documents in order to make a legally legal and correct sale.
> cadastral extract
> planning documents will be required.
> deeds stating easement of passage to the notary, or similar states.
> title deed
- In the case of a condominium property:
> The technical diagnostics file,
> The summary sheet of the co-ownership,
>The descriptive state of division and the co-ownership regulations.
- In the case of property sold in a subdivision:
> Subdivision by-laws,
> The copy of the order allowing the subdivision;
> The statutes of the ASL, in the event that the property is in an ASL.
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Posted on 21/10/2021 by
Andy LECUYER
