bobbi2

Does anyone know if we can use a Notaire out of department? We are buying in the Haute Vienne but living in the Rhone Alpes? I presume sharing a notaire is a no no for obvious reasons?

graham.miln

Yes, you can use a notaire from another region or department. We did for our land purchase.

Novocastrian

What obvious reasons? The notaire is not representing either the vendor or the purchaser.

bobbi2

Ok thanks. I wasn't sure how they negotiate the compromis and acte. When we bought ours is was the same dept and for the compromis we went to their notaire and the acte was at theirs. How does it work in other depts then?

bobbi2

Well, conflict of interests if you use the same even though Notaires are not independant in France

EuroTrash

The notaire simply ensures that everything is done correctly, all laws and regulations are complied with, and collects any taxes due. He doesn't take sides. He's not like a UK solicitor, he works for the state, not for the buyer nor the seller.

Novocastrian

You're wrong, but I'll let someone else confirm it.

dmu

Sorry, but, unlike Avocats, Notaires are unbiassed. Without wishing to sound like a school marm, they don't "represent" a client, but are Public Officers who make sure that Property and Inheritance Laws are being complied with, and there's certainly no conflict of interest between the Vendors and Buyers. If two Notaires are used, they sort out the documents between them and share the notarial fees 50-50.
It's all done electronically nowadays and you may be able to sign at your Notaire's while the vendors sign at their Notaire's. If not, you can give procuration to the other Notaire's Clerc.
(Confirming what Novo and ET said at the same time as I was typing).

bobbi2

Ok well thats good then! Hope they are all a bit more responsive than UK solicitors then. Unfortunately we had a great one but he left for bigger and better things. Shame, he conducted the purchase really well.

dmu

Some are more dynamic than others. Do you mean that your UK solicitor left for bigger or better things? Here, once a Notaire, always a Notaire. The number of Etudes is limited (numerus clausus) and it's difficult to buy one, as they often remain in the family.

bobbi2

No, our notaire here actually. Not sure where he has gone but his replacement works part time and is a trainee so have gone from one extreme to another. She has missed one or two things with friends purchases so won't be using her.

Peter219

We shared a notaire a few weeks back, the usual practice I think. It went well, simple and easy, and everything happened as promised. I suspect that a two notaire deal might be more complex.
House hasn't fallen down yet but three trees came down yesterday...58 mph winds in Lot et Garonne.

bobbi2

Cool, although I don't think a Notaire would be responsible for a house falling down, maybe a surveyor may help on that one! I presume then that we would have to travel to the Notaire for both the comp de vente and Acte?
Cannot be done remotely? We have bought here as we already have a house but that was done with separate Notaires be it very close to each other.
Did you use an english one? We will be regardless.

dmu

Do you mean an English-speaking one?
You could do everything remotely, giving Procuration to the local Notaire's Clerc for the signatures. This involves an awful lot of paperwork though (I assisted my late neighbour's UK children when they sold her house and in fact they didn't come over at any time), and you might just as well use a Notaire near to you. It wouldn't be complicated for you, the Notaires do all the work between them and are used to it.
When you're on the spot to visit property and have decided on one, couldn't you consult a local Notaire with the Vendor, before you return home?

bobbi2

We now aim to use the sellers notaire as it would be easier but do require him to speak english. I am sure they will be needing an english speaking notaire too. As I said, ours locally has moved on to pastures new and whilst we have found another one he has not responded to a question I have pre purchase but they don't seem very reliable even before we have started the process