Signature sale compromise: with or without notary?

Are you going to buy real estate soon? As a future purchaser, when it comes to signing the sales agreement, you have several options available . You can sign the sale agreement in the presence of a notary or not, or with a real estate agent. We give you all the keys to signing a sales agreement.

The sale compromise is a promise that engages the seller and the buyer against the real estate (see conditions below). Be careful not to confuse a sales agreement with a promise to sell .

See also : Leakage: before or after counter?

Any sale of real estate and housing is preceded by this signature, which acts as an official preliminary act, or as a preliminary “synallagmatic contract”. A sale may be called into question if this purchaser/seller contract has not been properly signed.

The sale agreement allows both parties, the buyer and the seller, to set the conditions for the upcoming sale , which are as follows:

See also : Calculation of VAT on merchant margin of goods

  • The price of the property or accommodation
  • Deadline for the sale
  • The conditions under which the sale will take place

These conditions indicate, in particular, whether or not the sale will be made through of a notary.

Reminder : in order for the compromise to be legally valid, both parties must:

  • Enjoy their legal capacity
  • Consent to each other
  • Be clear about the thing and the price.

The final deed of sale shall be signed, in any case, in a notarial firm, within about three months after the signing of the sale agreement.

Signing of a sales agreement with notary

Since the Alur law (2014) concerning property located in a collective building, a lot of information must be included in the annex to the sale agreement. If sometimes it makes sense to prepare everything yourself without calling a notary, it is advisable to be more than vigilant.

In fact, if certain information is missing, the sale may be called into question and the buyer can assert his right of withdrawal.

The presence of a notary recommended during the sale agreement

It is always recommended to complete the signing stage of the sale agreement in the presence of a public officer. However, there is no legal obligation to this .

Writing a sales compromise is not as easy as you think: it’s even a job! Specific clauses or ancillary documents are taken into account and must be included in the compromise.

Examples of supporting documents:

  • Technical Diagnostics File
  • Information on the sanitation system of the property
  • Property and Housing Tax Notices
  • Certificate of conformity (e.g. house construction)
  • Information about the condominium

The role of the notary in this decisive step:

The notary shall ensure that all the necessary documents are well provided in the sales agreement file. Depending on the situation, a notary knows which document is mandatory.

Moreover, his work is a guarantee: he checks the number of copies of the documents to be supplied and will help you when filling out the document together, particularly with regard to the conditions suspended for sale (e.g. a loan, etc.)

Do not hesitate to clarify with the notary any point of misunderstanding before signing anything.

Note : there may be a delay to take into account when using a notarial firm.

Signing of a sales agreement without a notary

In the absence of a notary, we speak of a private sub-seing deed for the sale agreement: this agreement is therefore concluded only between the buyer and the seller.

It there is no legal obligation to use a notary firm to sign a sales agreement. You can decide to sign the sale agreement between you: buyer/buyer, and seller. By doing so, you know that you are taking a risk (right of withdrawal).

If you are limited by time, ask your notary if they can provide you with an official frame for writing your sales agreement .

In any case, it is important that no doubt comes to interfere in the process of buying or selling a property. A question? Need help? Call on a competent person.

Signing a sales agreement with a real estate agent

Buyer: you found a property via an agency?

Seller: You went through a real estate agency to sell your property?

The two parties agreed orally on the sale price, the deadline for the sale and the conditions under which it will take place. Everyone is ready and wants to sign together the sales agreement, or synallagmatic contract.

Do you know that you have the right to sign the sales agreement in an agency? He will not act as a public officer, but will be able to refer you professionally, just like a notary. In addition, his excellent knowledge of the property concerned makes it quite competent to guide you in the drafting of the sales agreement. It will take into account the various ancillary documents to be included in the sale agreement file.

A common and advantageous practice

It is now a common thing to seal the agreement between the buyer and the seller through an agency. We will speak of an act of private under-seing , as when the sale agreement is signed between two private persons.

The benefits of signing a compromise agency are numerous:

  • You avoid a notary appointment and a waiting time
  • You have far fewer administrative tasks to manage
  • You benefit from professional support and adapted advice
  • You secure the process of selling and buying housing, which is sold under an agency mandate contract

Did you know that? A real estate agent has a real legal status , too unknown. This status gives it authority and expertise in the supervision of this type of approach.

Thus, at a lower cost, the process is just as reliable and faster. As soon as the two stakeholders agree (mutual consent) on the thing and the price, the sale compromise will be sold.