The role of the notary in a real estate transaction in France
And above all: who drafts the sales agreement?
When you buy or sell a property, you enter a world where every step is important. Among the professionals who accompany you, the notary occupies a central place. He ensures the legal security of your project, while ensuring that the transaction takes place according to the rules. In this article, I explain its role, and especially how to determine which notary will draft your sales agreement.
📄 The sales agreement: a decisive commitment
The preliminary sales agreement is a preliminary contract signed between you (buyer or seller) and the party with whom you are dealing. It sets all the conditions of the sale: price, deadlines, diagnosis, terms of the mortgage, conditions precedent, etc.
Once signed, each party undertakes to complete the transaction, unless a condition precedent is not met. The compromise is therefore a key step, preparing for the signing of the authentic deed a few weeks later.
📌 The presence of the notary: mandatory or optional?
However, it is strongly recommended to involve a notary. What for? Because it:
- verifies your identity and legal capacity,
- secures the content of the deed,
- ensures that all clauses comply with the law,
- can identify problems invisible to a non-specialist (mortgages, easements, urban planning rules, etc.).
His expertise protects you and allows you to sign with complete peace of mind.
✍️ So, who drafts the sales agreement?
In practice:
- It is often the buyer who selects the notary in charge of drafting the preliminary agreement, because he is the one who pays the notary fees.
- The seller can also suggest his notary, if he has a trusted professional.
- And it is quite possible that each party is accompanied by its own notary.
Good news: having two notaries does not increase your costs. The fees are simply shared between them.
🤝 Why having two notaries can be an advantage
- to have two legal views on the act,
- share the burden of verifications,
- to ensure a perfectly balanced support.
All while keeping the same cost for you.
🧠 How to choose your notary?
- the notary's proximity to the property or your home,
- his experience in real estate law,
- its responsiveness and availability,
- the possibility of benefiting from a discount on certain fee brackets (some notaries offer them).
Do not hesitate to consult reviews, ask for recommendations or compare several notarial offices.
To remember
- The sales agreement is an essential document in your real estate project.
- Having it drawn up by a notary is not mandatory, but strongly recommended to avoid unpleasant surprises.
- The choice of notary is free: yours, that of the other party, or a pair of two notaries.
- Involving two notaries has no impact on the total amount of fees you will have to pay.
Posted on 12/12/2025 by
Eric SAVARD
