The Notaire is a public official who is appointed by the French state. His duties and fees are prescribed by law. In most property transactions the Notaire acts for both parties although it is possible to arrange for two notaires – one acting for each. In most circumstances such an arrangement is not necessary. The notaire is there to look after your interests as well as the vendors. He or she is not there to protect you from your own folly but he (or she) will ensure that the buyer will get good title to the property and that any conditions set in the purchase agreement have been fulfilled. A solicitor is neither needed nor helpful in your French purchase. However he would certainly cost you and almost certainly cause delays in the transaction.
All French property is freehold and all property is registered. Ownership of a house or land is determined by the registration and not by title deeds. While ownership is clear, the boundaries of a property may not be. If an exact plan of the property is not available or you are purchasing a sub-division of an existing registered property then the notaire will call upon the services of a surveyor to map the boundaries. The cost may be shared between the parties or allocated otherwise by agreement.
In all probability your agent will propose a notaire who he or she has used before for similar property purchases. The choice of notaire will not affect the fees – ask your agent to recommend one who is used to dealing with British house purchasers in France. If the vendor insists on a particular notaire then, subject to your agent's advice, there is probably no reason not to agree.
Notaires in France are currently required to ensure that all purchasers thoroughly understand the nature and terms of the agreements they enter into. In theory this should mean that the notaire should take your language skills into account and if necessary arrange for a translator to be present for the eventual house sale (Acte de Vente). In practice he or she may well rely upon their own language skills and in any case if you are properly prepared for the big day then it is there to be enjoyed not feared – fluent French or not. Dream Properties Dordogne agents will attend the final signing and help with translations or explanations at the time.
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