Deed of sale of an existing dwelling

Verified 29 October 2026 - Public Service / (Prime Minister)

You buy or sell one accommodation and you're gonna sign the deed of sale ? It is a authentic act must be written by a notary. We're taking stock of the regulations.

To prepare the deed of sale, the notary first checks the legal situation of the seller, the buyer and the property.

Legal status of persons

Before drafting the deed of sale, the notary check obligatorily next points :

  • Identity the two parties, requesting a birth certificate and a supporting document with a photo and signature (national identity card or passport for example)
  • Capacity of the two parties to sign the deed (a minor or a protected major must be assisted or represented by an authorized person who will sign the deed with him or in his place)
  • Compliance of the proxy given to a third party by the buyer or seller absent on the day of signature of the deed
  • Criminal record of the buyer to ensure that he is not subject to a prohibition on the purchase of residential real estate.

Legal status of the property

The notary check in particular the next points :

  • Seller's origin of ownership (sale, donation, inheritance...))
  • Mortgage State to attest to the seller's ability to freely dispose of the goods and to know the mortgage listings
  • Rules of urban planning applicable (request for a urban planning)
  • Cadastral situation
  • Right of pre-emption the Land Use and Rural Settlement Business (Safer) for agricultural land
  • Right of pre-emption of local authorities (right of pre-emption urban, commercial, sensitive natural areas)
  • Right of pre-emption of co-dividing when there is undivided.

Mandatory particulars of the deed of sale

The definitive act shall contain the following information:

  • Contact details of seller and buyer
  • Address of the property
  • Origin of the property (date of previous deed of sale, name of previous owner, notarial deed...))
  • Detailed description of the property, its equipment and annexes, ensuring that the real situation matches the title deeds
  • Existence of a mortgage and/or bondage
  • Selling Price
  • Payment methods (with or without the help of a mortgage)
  • The amount of the fees of the person in charge of the sale and who is responsible for paying them
  • Date of transfer of ownership and enjoyment (often fixed at the signing of the authentic instrument and payment of the price)
  • Suspensive conditions where available
  • Information about co-ownership
  • Information on the conditions for exercising the right of reflection when there has been no promise to sell.

Please note

Failure to provide information on the right of reflection is punishable by an administrative fine. Its amount may not exceed €3,000 for a natural person and €15,000 for a legal person.

Documents annexed to the deed of sale

The supporting documents obtained by the notary during his verifications are annexed to the deed of sale:

  • Urban planning
  • Right of pre-emption urban purged
  • Mortgage waiver
  • Dated Status and documents of the condominium (summary sheet of the condominium, by-law of condominium and descriptive statement of division and minutes of general meetings of the last 3 years, maintenance book of the building, DTG if there is a multi-annual works plan, attestation of area).

Similarly, a real estate technical diagnostics file provided by the seller must must be annexed to the deed of sale.

The possibility to withdraw differs depending on whether you are a seller or a buyer:

Buyer

If a sales agreement has been signed before the final deed of sale, the buyer has already benefited from a withdrawal period of 10 days. There is no additional reflection period before signing the agreementauthentic act.

Conversely, if the sale is concluded directly by authentic instrument (without pre-contract), the buyer has a withdrawal period of 10 calendar days before signing the deed of sale.

The starting point for this period shall begin the day after the 1stre presentation of the RAR letter or the delivery by hand of the draft act and its annexes by the notary. If the last day of the cooling-off period is a Saturday, a Sunday, a public holiday or unemployed, the deadline is extended until 1er business day next.

During this period, theauthentic instrument cannot be signed and no amount of money cannot be claimed.

Seller

The seller does not benefit reflection period.

No, the physical presence of the buyer or seller is not mandatory to sign the deed of sale.

It is possible:

  • Present yourself personally and sign the deed (on paper or electronically)
  • Be represented by a third party with a regular power of attorney (under private signature or authentic). The representation of the absent person is indicated in the deed of sale
  • Appear by videoconference before the notary who collects the consent and the electronic signature.

The authentic act of sale is signed by the buyer, the seller or their representative (who received power of attorney) and the notary.

The seller and the buyer can choose the same notary or each have their own. In this case, the costs are shared between the 2 notaries.

When the buyer or seller does not know or cannot sign the deed of sale, it is signed by a 2nd notary or 2 witnesses.

The deed of sale is signed in paper or electronic form. Whatever the medium, the notary reads the deed of sale out loud before the buyer and seller sign it.

Act on paper

The notary is obliged to include the following information on the deed:

  • Date in full and place where the act was performed
  • Name and place of establishment of the notary who receives the deed
  • Names, forenames and domicile of the parties and of all the signatories of the act
  • Names and domicile of witnesses
  • Numbering of each page and total number indicated at the end of the act
  • Mention that the act has been read by the parties or that they have been given a reading of it
  • Number of striped whites, as well as striped words and numbers.

The document must be written without overload, spacing or addition. The notary includes the image of his seal.

The documents annexed to the deed must be signed by the notary.

If the parties declare that they do not know or cannot sign, the deed must mention this.

The quality of the paper must offer any guarantee of conservation. The text, signatures and initials must be indelible.

The notary who drafted the deed keeps one original called the minute. It is kept in the archives of the notarial study for 75 years, then it is transferred to public archives.

After the signature, the notary registers a copy of the deed of sale with the land advertising service and the cadastre.

FYI  

On the day of signature of the deed, the notary gives the buyer a certificate of ownership.

Act on electronic medium

The deed of sale can be signed electronically, it is then referred to as electronic authentic instrument (EFA).

The notary is obliged to include the following information on the deed:

  • Date in full and place where the act was performed
  • Name and place of establishment of the notary who receives the deed
  • Names, forenames and domicile of the parties and of all the signatories to the deed
  • Mention that the act has been read by the parties or that they have been given a reading of it
  • Names and addresses of witnesses.

The document must be written without overload, spacing or addition.

During the appointment with the notary, the act and its annexes are read on a large screen.

The parties sign the deed on a tablet with an electronic pen.

The notary shall affix his signature and seal with a computer key that certifies the signature and makes it inviolable.

The date and place of signatures are automatically validated and the act can no longer be modified.

The notary uses an information processing system approved by the Superior Council of Notaries (CSN). It guarantees the integrity and confidentiality of the content of the dematerialized document.

The PPA shall be sent to the electronic central office of notaries of France (MICEN) where the instrument, its annexes and the signatures of all the parties are kept.

The notary may issue a copy of a dematerialized document in paper or electronic form. It includes the date, its secure electronic signature and the sound image seal.

The dematerialized copies may be transmitted electronically by the notary under conditions guaranteeing the integrity of the act, the confidentiality of the transmission, the identity of the sender and the recipient.

After the signature, the notary registers a copy of the deed of sale with the land advertising service and the cadastre.

FYI  

On the day of signature of the deed, the notary gives the buyer a certificate of ownership.

Who shall I contact

On the day of signing the deed of sale, the buyer must pay the full price of the sale and notary fees.

Please note

If the housing is a condominium lot, the signing of the act often gives rise to charge adjustments between seller and buyer, in addition to the price and fees of act.

Selling Price

The selling price of the property is paid by transfer if it is greater than or equal to €3,000.

The notary issues a receipt to the buyer. It transfers the amount of the transaction to the seller after the registration of the deed with the land advertising service.

If funds remain to the buyer's credit after registration, the notary will send him a check or transfer with a detailed statement of fees and expenses.

If not, he asks him to additional provision before sending him his title deed.

Please note

If a promise to sell has been signed, a capital indemnity may have been paid by the buyer. It is paid in return for the seller's commitment to sell his property exclusively to the designated buyer. This capital cost allowance is deducted from the sale price.

Notary fees

The costs of notarial acts shall be borne by the buyer. The seller and the buyer may decide otherwise.

These costs consist of the following:

  • Duties and taxes collected by the notary and paid to the public treasury (registration fee, land advertising tax or value added tax)
  • Remuneration of the notary (drafting of the deed of sale, consultations, expertise…)
  • Costs incurred on behalf of the seller and the buyer (e.g. land registry).

The amount of notarized fees remains the same when the seller and the buyer each have their own notary. The costs are then shared between the two notaries.

It is possible to estimate the amount of these fees through a simulator:

Calculate the amount of the cost of acquiring a property

The notary must ensure land publicity by registering the deed of sale at the land advertising service or the land book.

General scenario

The buyer becomes the owner of the building upon signature of the deed of sale.

The notary then publishes the authentic deed of sale in the land advertising service on which the accommodation depends:

Who shall I contact

The publication has the effect of making the sale enforceable to third parties : the deed becomes public and the buyer's right of ownership is protected.

In Alsace-Moselle

The buyer becomes the owner of the land upon signing the deed of sale.

In the departments of Haut-Rhin, of Bas-Rhin and Moselle, this transfer of ownership becomes enforceable to third parties after publication of the deed in the land register.

After registration at land advertising service, the notary notified copy of the deed of ownership to the buyer by hand or by letter RAR: titleContent or by a commissioner of justice.

This copy, bearing the stamps of the tax authorities, shall constitute the title to property.

The deadline for receipt of this copy isapproximately 6 months after signing the deed of sale.

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