Are you wondering which documents to gather and which steps to follow in order to arrive at the final signing with peace of mind? Do you want to know how the signing at the notary’s office actually takes place and what it entails for both the seller and the buyer? The signing of the authentic deed is the decisive step that transfers ownership and triggers the release of funds and the handover of the keys. This article explains the authentic deed of sale, details the reading of the deed, lists the documents to provide, and offers a practical checklist. You will also find a practical numerical example, a recommended schedule, and advice for electronic or remote signing. Contact a local Capifrance real estate advisor or use “Find my local advisor” to obtain a personalized review of your checklist and full support all the way through the signing at the notary’s office.
In summary
The authentic deed of sale is the key step that officially records the transfer of ownership, legally secures the transaction, and triggers payment as well as the handover of the keys. The notary plays a central role: they verify the documents, guarantee the validity of the deed, and ensure its registration with the land registry so that it can be enforced against third parties. Good preparation is essential: gathering the documents, anticipating financing, checking the diagnostics, and respecting deadlines help avoid any blockage on the day of signing, whether in substance or in the form of a deed. Modern solutions exist (electronic authentic deed, remote power of attorney), but the support of a professional remains decisive in securing the transaction.
Definitions and key elements: what is an authentic deed of sale?
A notarized authentic deed is a written document received by a competent public officer, the notary. It gives the document important legal guarantees. Three qualities characterize it: a certain date, probative force, and enforceability. The certain date facilitates proof. The probative force gives evidentiary value to the content. The enforceability allows direct enforcement in the event of non-payment. Unlike a private deed, the authentic deed of sale offers stronger legal security. The authentic deed records the transfer of ownership, describes the property, states the price, and mentions the guarantees. It is sent to the land registration service for publication and enforceability against third parties. Common examples include real estate sales, donations, and marriage contracts. The preliminary contract (promise to sell, sale agreement) is often a private deed. For the legal framework of electronic writing, see article 1366 of the French Civil Code: legifrance.gouv.fr - art. 1366.
What is an authentic deed of sale?
The officiating notary drafts the deed and verifies the identity and legal capacity of the parties. The notary’s minute is the original document kept by the office. The notary then issues copies: an authentic copy of the notarized deed, an enforceable copy, and a mortgage copy. Retention guarantees traceability. The legal retention period is generally 75 years.
Difference between an authentic deed and a private deed
A private deed is signed only by the parties. It often costs less. However, its evidentiary value is lower. Its date is not legally binding without registration formalities. The authentic deed is received by the notary. It immediately benefits from probative force and enforceability. It spares the creditor from having to obtain a judgment in order to enforce the deed. Key takeaway: the authentic deed provides security, a certain date, and ease of enforcement. The minute is the original kept by the notary; authentic copies of the form of a deed are issued to the parties. The sale agreement and promise to sell may remain private deeds, but using a notary strengthens security.
The role of the notary and the parties when signing the notarized deed
The notary’s role in signing the authentic deed is central. They review the file and inform the parties. They draft the deed and submit it for land registration. Before the signing, the notary checks the mortgage status and easements. They also verify planning documents and diagnostics. They then prepare the statement of fees, the notary’s fees, and disbursements. The parties must provide the documents required for signing the authentic deed. They must also appear with the requested documents. In case of absence, a power of attorney may be set up.
Verification of identity, capacity, and consent
The valid identity documents required are: the original national identity card or passport. For a property-holding company (SCI), provide the articles of association and the minutes of the shareholders’ meeting. For an authorized representative, bring the mandate or power of attorney. The power of attorney for signing the authentic deed may itself need to be authentic. A remote authentic power of attorney is possible under certain conditions and by videoconference. The notary verifies the parties’ capacity and collects informed consent.
Certain date, probative force, and enforceability: what the notary guarantees
The certain date of the authentic deed gives conclusive value to the date shown in the deed. Probative force means that the content is deemed accurate until proven otherwise. Challenging an authentic deed requires heavy procedures. Enforceability allows enforcement without a court judgment. The enforceable copy of the notarized deed formalizes this possibility. The notary may also issue a European Enforcement Order certificate for enforcement within the European Union.
Practical stages of the process: from reading to final signing
The process of signing the authentic deed begins with summoning the parties to the notary’s office. The notary performs a full reading of the deed. They then carry out the final checks before the signature. The reading of the deed includes the appendices: diagnostics, mortgage statement, and bank details. The notary reviews the conditions precedent to be fulfilled. The ten-day cooling-off period and the obtaining of the loan must be checked before the appointment. The indicative duration of an appointment is 30 to 60 minutes for a standard transaction. It may be longer for a complex deed. If a deposit has been held in escrow, the notary checks the escrow account before the release of funds. Check your checklist with a Capifrance advisor before the signing. This avoids omissions and makes the appointment at the notary’s office smoother.
The reading, amendments, and final signing
The full reading of the deed is systematic. It allows the price, easements, and clauses to be checked. If an amendment is necessary, the notary drafts an addendum. The notary records the amendment and preserves the certain date. Take the time to ask your questions. Do not hesitate to request time to think before signing.
Release of funds, payment of fees, and handover of keys
The buyer pays the balance by transfer to the notary’s account. The notary’s bank details are provided in advance. The transfer is often made 24 to 72 hours before signing. The notary fees for an authentic deed include registration duties, notary fees, and disbursements. The notary issues a statement of disbursement of funds detailing the distribution. After the cancellation of registrations and the release of the mortgage, the notary organizes the handover of the keys after the authentic deed.
Documents to provide to the notary for a property purchase and checklist to properly prepare for the signing
Prepare the documents for signing the authentic deed well in advance. Send copies to the notary. Bring the originals on the day. Common documents: identity documents, civil status, sales mandate, sale agreement or promise to sell, certificate of ownership, and cadastral extract. In co-ownership: minutes of the general meetings, co-ownership regulations, and proof of service charge payments. The buyer provides bank details and the bank loan certificate or offer. The notary verifies the mortgage statement and easements. Anticipate conditions precedent such as obtaining financing. Download the checklist for signing the authentic deed and review each item with your advisor: Capifrance - Valuation, Capifrance - Put up for sale.
Identity documents, diagnostics, and civil status
Bring a valid original identity document: identity card or passport. In the event of a name change, provide the marriage certificate. For an SCI, attach the articles of association and the minutes of the shareholders’ meetings. The technical diagnostics (DPE, asbestos, lead, termite diagnosis, ERP) must be valid on the date of signing. An expired diagnostic may delay the signing.
Mortgage statements, easements, certificates, and banking documents
The mortgage statement and the mortgage status indicate the registrations encumbering the property. The notary checks whether a mortgage release is necessary. They coordinate repayment of the seller’s loan if needed. The non-mortgage certificate and the statement of disbursement of funds are prepared to allow the cancellation. Bring your bank details and the loan certificate from your bank.
The electronic authentic deed and remote signing
The electronic authentic deed is governed by the Civil Code (articles 1366 and 1367) and the eIDAS Regulation. Notaries use a qualified electronic signature and the REAL key to authenticate the deed. Electronic deeds are kept in MICEN (Central Electronic Minute Register of the French Notariat). Security is strengthened by reference systems such as the RNSN, in connection with ANSSI. When the standards are met, the electronic authentic deed has the same value as the paper deed. Advantages: time savings and practicality for expatriates. Limits: equipment requirements and strengthened identity verification. The authentic deed executed remotely before two notaries allows signing when one party cannot travel.
REAL key, MICEN, and security
The REAL key is the notary’s personal tool for qualified signing. It allows the electronic seal to be affixed. MICEN ensures the retention of the authentic deed and the traceability of operations. The MICEN archiving procedure guarantees the integrity and durability of deeds. In the case of use abroad, a certified translation for foreign use may be required.
Remote power of attorney and deed received by two notaries
A remote authentic power of attorney is possible under strict conditions. It requires videoconferencing and enhanced identity verification. This system facilitates signatures for principals abroad. A deed received by two notaries allows simultaneous appearance before two remote offices. Each notary collects the consent of their own party. The exchanges take place by secure videoconference.
Copies, retention, and legal effects of the authentic deed
The notary’s minute is the original kept for the 75-year retention period. After this period, the minutes are transferred to the national or departmental archives. Authentic copies of the notarized deed are given to the parties. The enforceable copy is used for enforcement. The mortgage copy is intended for land registration. Transmission of the deed to the land registration service makes the sale enforceable against third parties. To obtain a later copy, contact your notary, who can issue an electronic or paper copy.
Minute, authentic copy, enforceable copy, and mortgage copy
The minute is the original kept by the notary. The authentic copy is issued to the parties. The enforceable copy allows a bailiff to intervene. The mortgage copy is formatted for the land registration service.
Retention, legal duration, and access to MICEN
The notary keeps the minutes for 75 years and for 100 years when they concern a minor. MICEN allows secure electronic archiving. Only the signing notary has direct access to the central register. The notary can issue electronic copies to authorized parties. These copies are used for tax, banking, or inheritance procedures.
Fees, costs, and taxation related to the signing of the deed
Notary fees for an authentic deed include registration duties, notarial fees, and disbursements. They also include land registration taxes. As an indication, for an old property, these fees are generally around 7 to 8% of the price. For a new property, expect more around 2 to 3%. These are indicative orders of magnitude. Contact a local Capifrance advisor for a personalized estimate and coordination with the notary.
Points to watch, special cases, and good practices before signing
Check that the conditions precedent have been fulfilled, especially obtaining financing. Verify the validity of the diagnostics and the rental status. Anticipate the release of the mortgage if the seller still has an outstanding loan. Pay attention to the clauses: hidden defect warranty, non-warranty clause, and post-sale tax obligations. Check planning matters: planning certificate, easements, and building permit. Ask the notary and your advisor for explanations. Common mistakes to avoid: arriving without bank details, forgetting diagnostics, or neglecting the release of the mortgage. Key takeaway: preparation and support from a local advisor reduce risks.
Specific features for new builds, life annuities, rental property, and commercial premises
For VEFA authentic deed signing, respect the payment schedule. Check the completion guarantee. The deed formalizes the off-plan sale. For a life annuity authentic deed, the annuity, its indexation method, and the rights of the seller receiving the annuity must be specified. For rental property and authentic deeds for commercial premises, check the current lease and the tax situation.
Specific features for SCIs, inheritance, and prestige transactions
For an SCI authentic deed, check the articles of association and the formalities for transferring shares. For an inheritance, ensure the prior inheritance formalities have been completed. For a prestige property, plan for additional diagnostics and a furniture inventory if necessary.
Schedule, practical numerical example, and final checklist for the signing
The period between the sale agreement and the signing is often 45 to 90 days. It mainly depends on obtaining financing and processing the conditions precedent. The ten-day cooling-off period applies to the buyer after signing the preliminary contract. Plan the actions for D-30, D-15, D-7, D-1, and the signing day. Check the bank approval, send the documents to the notary, and prepare the transfer. Coordinate the release of the mortgage if necessary.
Practical example: numerical scenario
Sale price: €250,000. Deposit paid at the sale agreement: €10,000 (4%). Notary fees (indicative for an old property): around 7.5%, or approximately €18,750. Amount to be paid at signing: €250,000 − €10,000 = €240,000 to be paid to the notary, plus fees ≈ €18,750, total ≈ €258,750. The buyer makes the transfer to the notary’s bank account. The notary issues the statement of disbursement of funds, repays the seller’s loan if necessary, and coordinates the release of the mortgage before the handover of the keys.
Recommended timeline and last-day checklist
D-30: check that the conditions precedent have been fulfilled and follow up with the bank for the loan certificate. D-15: send the requested originals to the notary and verify the mortgage statement. D-7: confirm the bank details for the transfer and verify the amount of the fees. D-1: prepare the original documents, bank details, financing proof, and power of attorney if necessary. Signing day: allow 30–60 minutes; sign; collect the authentic copy and, where applicable, the enforceable copy. Checklist for the day of signing the authentic deed: identity document, bank details, sale agreement, diagnostics, loan certificate, mandate if necessary. Allow for the banking delay for the transfer to the notary’s account. Request the key handover certificate and the statement of disbursement of funds.
Capifrance support to prepare and secure the signing of the authentic deed
Benefit from the full support of your Capifrance real estate advisor right up to the signing of the authentic deed. You can rely on their expertise to help you coordinate the notary, the buyer, the seller, and service providers such as the diagnostic expert, and above all to guide you through each stage while carefully checking the documents. Your advisor helps you secure the transaction and the sending of the documents to the notary.
Conclusion: the essential points to remember
Always check the documents at least 10 days before signing. Confirm your financing and prepare the transfer to the provided bank account. Anticipate the release of the mortgage to avoid delays on the day. Use a qualified electronic signature if you cannot be present, subject to security conditions. Contact a local Capifrance advisor to be supported all the way to the signing of the authentic deed and secure your project. Seller, get your precise and well-supported real estate valuation free of charge with a complete opinion of value. Buyer or investor, discover every day our thousands of new listings of houses, apartments, land, and commercial premises for sale in France in the existing residential market, new builds, life annuities, luxury and prestige, as well as commercial real estate.
FAQ
What documents must be provided for signing the authentic deed of sale?
Original identity document, civil status, mandatory diagnostics (DPE, asbestos, lead, termite diagnosis, ERP), title deed, mortgage statement, co-ownership documents (minutes, regulations, charges), sale agreement/promise to sell, bank details, and proof of financing. Check the checklist sent by your notary.
How long does the signing of the authentic deed at the notary take?
On average, 30 to 60 minutes for a standard transaction. Allow more time if the deed is complex (SCI, life annuity, co-ownership) or if explanations are needed.
Who pays the notary fees when signing the authentic deed?
Notary fees (registration duties, notarial fees, disbursements) are in principle paid by the buyer, unless otherwise agreed between the parties. The seller is responsible for repaying their possible loan and the release of the mortgage.
Can an authentic deed be signed remotely or by videoconference?
Yes. A remote authentic power of attorney and a deed received by two notaries by videoconference are possible. They require a qualified electronic signature and approved tools (REAL key, MICEN).
What does one receive after signing: the minute, authentic copy, and enforceable copy?
The notary keeps the minute. The parties receive authentic copies and, if necessary, an enforceable copy to enforce the deed. The deed is archived in MICEN and a digital version is often provided.
What does the notary check when signing?
The notary checks the identity, legal capacity of the parties, proof of ownership, mortgage status, easements, diagnostics, and the fulfillment of the conditions precedent (obtaining financing).
What should be done in the event of being unable to attend on the day?
Give a power of attorney, preferably authentic, to a trusted person. You can also use the remote procedure under certain conditions. Inform your notary and your advisor without delay.
What is the period between the sale agreement and the authentic deed?
The period between the sale agreement and the authentic deed is generally 45 to 90 days. This time allows the conditions precedent to be fulfilled (loan approval, legal checks) and the necessary documents to be prepared. The signing date is fixed with the notary depending on how the file progresses.
What is the value of an authentic deed?
An authentic deed has high legal value defined by the Civil Code (art. 1369 and following). It is deemed accurate until proven otherwise, benefits from enforceability, and has a certain date. This means that it can be directly enforced in the event of non-compliance, without a prior court decision.
What are the advantages of an authentic deed?
The authentic deed offers maximum security thanks to the involvement of a public officer, the notary. It guarantees legal validity, transparency, and the protection of the parties. It also allows rapid enforcement thanks to its enforceability and ensures land registration of the transaction.
What is the difference between a notarized deed, notarial, and notarials?
A notarized deed is an authentic deed drafted and signed by a notary. The term notarial is an adjective describing anything related to the notary (for example, notarial deed). The term notarials is simply the plural form of notarial. All refer to documents with a high level of formality and authenticity.
What is the difference between an authentic deed and a private deed?
The authentic deed is signed before a notary and benefits from probative force and enforceability. The private deed is signed directly between the parties, without a public officer, and offers less legal security. The authentic deed is therefore more protective in real estate sales.
How can an authentic deed be challenged?
Challenging an authentic deed is possible but complex. Judicial proceedings must be brought to prove an irregularity (defect of consent, mistake, fraud). The authentic deed is deemed accurate until proven otherwise, which makes contesting it difficult in the event of a dispute.
How is an authentic deed made?
An authentic deed is drafted by a notary after verification of the information and appendices. It follows strict formal requirements laid down by the Civil Code. The parties sign in the presence of the notary or through an electronic authentic deed with affixing of the seal and use of the REAL key.
How can an authentic deed be modified or canceled?
A modification requires a new deed or an addendum signed before a notary. The cancellation of an authentic deed requires a court decision or, in some cases, an agreement between the parties. Any modification must comply with the formal requirements and be registered in order to preserve its legal value.
How can an authentic deed be recognized?
An authentic deed can be recognized by the presence of a notary, the signature of the parties, the affixing of the seal, and compliance with a specific formality. It includes mandatory mentions, a certain signing date, and is kept as a minute by the notary.
How can an authentic deed be found or obtained?
To obtain a copy, you must contact the notary who drafted the deed. They can issue authentic copies of deeds. If the notary no longer practices, the notaries’ minutes are kept in notarial archives or in MICEN for electronic deeds.
What is the authentic deed kept by the notary called?
The original of an authentic deed kept by the notary is called the minute. This notary’s minute is kept for several decades and constitutes the official reference for the deed.
When can you move in after signing the authentic deed?
Moving can take place as soon as the authentic deed is signed, unless otherwise agreed. The handover of the keys generally takes place the same day, after payment has been validated. The signing date marks the transfer of ownership.
When is the authentic deed signed?
The authentic deed is signed after the conditions precedent have been fulfilled, especially the obtaining of the loan. The signing date is set between the parties and the notary, generally 2 to 3 months after the sale agreement.
Author :
Frédéric Rémy – Director of Commercial Performance
A real estate professional for several years within the Capifrance network, I would like to share with you some essential advice to help you succeed in your real estate project with the support of our advisors.
