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Notaires as real estate experts

In a complex legal environment, the notaire adds an element of security to real estate transactions.

This type of transaction involves drafting a deed that clearly defines the terms of the agreement between the seller and the purchaser and establishes their respective obligations. To begin with, the notaire performs a number of checks regarding, in particular, the vendor's title to the property, whether there are any liens or agreed easements on it, and the applicable town planning laws. There are more than one hundred legal and tax issues to which the notaire pays close attention when preparing a deed of sale.

This complexity is compounded by the large number of financing facilities available. Moreover, once the sale is completed, the formalities carried out by the notaire require in-depth knowledge of the tax laws in terms of registration, value added tax and capital gains tax. To ensure that sales have the legal security offered by an official deed drawn up by a public official, the public authorities have granted notaires exclusive access to the land register maintained by the mortgage registries.

C'est d'ailleurs pour offrir aux ventes la sécurité juridique attachée à l'acte authentique établi par un officier public, que les pouvoirs publics ont conféré aux notaires le monopole d'accès au fichier immobilier tenu par les conservations des hypothèques.

Notaires also provide legal and tax advice with regard to subdivision, construction and renovation projects.

Furthermore, thanks to their in-depth knowledge of the real estate market and its mechanisms, they are qualified to determine the value of a property and perform appraisals. Some notaires are involved in real estate negotiations and assist the seller or buyer in finding a co-contracting party.

Lastly, notaires involved in property management offer investors the skills needed for efficient management of their real estate holdings.

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