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
Professionnel de l’immobilier et du conseil patrimonial depuis 2007, j’accompagne vendeurs et acquéreurs dans la réussite de leurs projets immobiliers avec une approche rigoureuse, transparente et personnalisée.
Dirigeant du cabinet Activ Patrimonia, j’apporte à mes clients une double expertise : immobilière et patrimoniale. Cette vision globale permet de sécuriser les décisions, d’optimiser les stratégies de vente ou d’acquisition, et d’intégrer chaque projet immobilier dans une logique cohérente à long terme.
Disponible et impliqué à chaque étape, je m’attache à construire une relation de confiance durable, fondée sur l’écoute, le conseil et l’efficacité.
Eric SAVARD
