Rôle du notaire

Text : Le rôle du notaire dans l'achat et la vente des biens immobiliers

EXAM 3 : Writing in English

1) In France, the notary has to interfere when an individual intends to purchase or sell real estate. The notary is a public officer under the control of the state and in this sense he has to guarantee the legal security at all stages of the operation.

The notary advises clients on their acquisition's project of a property. He has access to a property database that allows him to know the market well and real estate professional to advise clients on the fair price of a property.

Besides, purchasers of property often have to take out a bank loan. Banks often require a guarantee that is the mortgage of the property. At this level, the notary is able to advise his client on choosing the most optimal mortgage security.

2) The notary is the guarantor of legal security:

In France, all sales requires the notary's action. He ensures, as a public official, the good execution of the contract and gives, confidentiality, the necessary legal security.

He brings together ahead documents, and thus he avoids the maximum any subsequent dispute.

For example, the notary can:

-find and request the identity of the contracting parties, their marital status

-check the title to the seller

-purge pre-emption rights

-check that the diagnostics prior to the sale were made before the final signature

Though his legal knowledge, he offers the best guarantee of law when the preliminary contract (prior to the deed).

Once the deed is signed, he is the subject of an important procedure "the Land registration". This is the registration at the mortgage office of the legal situation of the property. The goal is to keep track of property rights existing on the property and mortgages. Notaries, as public officials, have a monopoly of access to this file.

The notary also ensures the preservation of title, keeping it for 100 years in his study. After this time, they are in the National Archives, and soon, in electronic form.

DIALOGUE

EXAM 4 : A dialogue between a Notary's personal assistant and a client

Mme DURAND = Client

Mme POULLAIN = Notary's personal assistant

M. LECOMPTE = Notary

Mme DURAND : Hello, I would like some information please.

Mme POULLAIN : Yes, of course I'm listen to you!

Mme DURAND : In fact, I plan to buy a home and I would like some advice

Mme POULLAIN

...