The appointment with the notary to sign the authentic deed of sale concentrates several legal issues in just a few hours. Transfer of ownership, payment of the price, handover of keys: everything hinges on a precise sequence where each step conditions the next. Understanding what happens concretely in the office allows one to anticipate potential blockages and protect one’s interests, whether one is a buyer or a seller.
Risks between the preliminary agreement and the authentic deed: what recent case law changes
You sign a preliminary sales agreement, and you wait several weeks (sometimes several months) before the final signature. During this period, water damage or a fire can occur. The question then arises: who bears the loss?
The Court of Cassation has refined its position on this point. Contractually providing for the transfer of ownership on the day of the signing of the authentic deed does not mean that the sale is only “formed” at that moment. The qualification of the reiteration clause determines who bears the risks of deterioration of the property between the preliminary agreement and the final deed.
Depending on whether this clause is drafted as a simple execution modality or as a condition of formation, Articles 1196 and 1304-6 of the Civil Code apply differently.
In practice, it is recommended to check the exact wording of the reiteration clause in the preliminary agreement. If it is drafted as a simple formality, the transfer of risks can occur well before the handover of keys. This is a point that most buyers discover too late, at the time of a disaster.
The signature of the authentic deed and the handover of keys are two distinct steps legally, even if they almost always coincide in practice.
Concrete process of signing with the notary
On the day of the signing, the drafting notary reads the entire authentic deed of sale. The duration varies depending on the complexity of the file, but you should allow at least an hour. Each party (seller, buyer, and sometimes their respective notaries) listens, asks questions, and then signs.
Checks performed by the notary before signing
The notary does not just read a document. He checks a set of elements before validating the deed:
- The mortgage status of the property, to ensure that no last-minute registration burdens the property
- The effective receipt of funds in his escrow account (sale price, notary fees, any adjustments to charges)
- The compliance of mandatory technical diagnostics and their validity on the date of signing
- The absence of the exercise of the right of preemption by the municipality, if applicable
As long as the funds are not received, the notary does not sign. This is the most common cause of appointment delays. Bank transfers, especially from lending institutions, sometimes arrive one or two days late.
Electronic authentic deed and remote appearance
The generalization of the electronic authentic deed (EAD) has changed the classic appointment. The notary signs on a digital tablet with a qualified certificate, and remote appearance is now possible for one of the parties. In practice, an expatriate buyer can sign via secure videoconference using the system set up by the Higher Council of Notaries, without having to travel to the office.
This format changes the logistics of the handover of keys: if the buyer is not physically present, the keys are often entrusted to a representative or sent by secure mail after signing.
Deferred or anticipated handover of keys: precarious occupancy agreement
In the majority of transactions, the keys are handed over on the same day as the signing. The seller hands over all sets of keys (front door, mailbox, garage, cellar) to the notary, who then passes them to the buyer once the deed is signed and the funds are debited.
Two situations deviate from this principle and deserve attention.
Early handover: the buyer enters before signing
The buyer sometimes wishes to access the property before signing to start renovations. This situation exposes the seller to a real risk: if the sale does not conclude (late loan refusal, withdrawal), he recovers a potentially modified property, with an occupant that will need to be evicted.
A precarious occupancy agreement is then necessary. This document, drafted separately from the preliminary agreement, sets the conditions for entering the premises: duration, occupancy fee, contradictory inventory, restoration clause. Without this agreement, the seller finds himself without a legal framework to act in case of problems.
Deferred handover: the seller stays after the sale
Conversely, the seller may need a few days or weeks after signing to vacate the property. In this case, the notary can hold back part of the sale price in his escrow account as financial security until the premises are effectively vacated.
Feedback varies on this point depending on notarial offices, but common practice is to retain a sum proportional to the price, released once the departure is confirmed. The buyer, meanwhile, is already the owner and bears the taxes and charges from the signing, even without enjoying the property.
Documents and keys to request on the day of signing with the notary
We think of the keys, but often forget the rest. On the day of signing, the buyer should leave with several concrete items:
- All sets of keys for the property, including access badges, remote controls for gates or garages, and mailbox keys
- Access codes (digicode, intercom, alarm) that the seller must communicate in writing
- The certificate of ownership issued by the notary, which allows immediate steps to be taken with energy suppliers and the co-ownership
- The latest minutes of the general assembly of the co-ownership, if the seller has not already provided them
The definitive title of ownership, however, arrives several months after signing, once the publication at the land registry service has been carried out by the notary. The certificate is sufficient in the meantime for all administrative procedures.
One last often overlooked point: the meter readings (water, electricity, gas) should ideally be taken on the same day as the handover of keys, in the presence of both parties. Documenting this reading in writing avoids disputes over the seller’s residual consumption.