Is it still possible to buy or sell property during containment?
The finalization of the most recent transactions is not without difficulties for notaries.
Transactions concluded before the crisis are recorded by notaries, but the most recent ones will have to wait before being finalised.
Officially, and in spite of the confinement, there is no longer anything to prevent the conclusion of an authentic deed at a notary’s office to make a real estate sale a reality. By virtue of a decree published in the Official Journal of 4 April 2020, such a deed can temporarily be signed outside the office until 24 June 2020, in order to alleviate health constraints.”We organise remote signatures thanks to a videoconference communication tool with a client identification system guaranteeing the legal security of the deed,” confirms Arlette Darmon, President of the Monassier notary group.This allows us to close files that were already well advanced before the health crisis. For the rest, the activity is very strongly reduced in the pharmacies, not to say almost non-existent”.
Notaries find it difficult to obtain the necessary administrative documents from institutions that are often disrupted in their organisation.In particular, the response of the town councils to exercise their right of pre-emption after receiving a declaration of intent to purchase from the notary. In ordinary times, in the absence of a response within two months, the municipality is deemed not to pre-empt.