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Another Notaire question !


stan
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Before I go and ask at the Notaire`s in a few days time, I would like to ask a question regarding the signing of the Acte de Vente.

Basically I am selling our home here in France and this evening, the date of the signing of the Acte de Vente has been suddenly changed from mid December to Christmas Eve. I have been having a look onlnie regarding the meetings that the seller and buyer have in front of the Notaire when buying/selling property.

Does the seller have to be present on the day of the signing? Can all the relevant seller documentation be signed at the Notaire`s the day before? The reason I ask is that due to the date of signing being changed, we would have difficulty in securing a travel booking for that day to return us to the north of Scotland in time for Christmas Day. The buyer is not bothered about checking the property on the scheduled day of sale as they have been regular visitors and "au fait" with everything.

If at all possible we would like to leave France a few days before, having completed all the signing of documents etc,. so just wondering if anyone knows whether or not the seller HAS to be present on the scheduled day of the Acte de Vente.

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I think that you can give the Notaire power to sign for you. Certainly when we bought our house here the sellers were not present(messy divorce and didn't want to see each other) and I believe the Notaire signed for them.
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[quote user="Mac"]I think that you can give the Notaire power to sign for you. Certainly when we bought our house here the sellers were not present(messy divorce and didn't want to see each other) and I believe the Notaire signed for them.[/quote]

Thanks Mac, I don`t need the Notaire to sign for us, we can sign at the Notaire`s no problem. I am just wondering if we definitely have to be present with the other party on the scheduled day of signing. Getting a witness to sign for a party at the Notaires is fiscal representation and costs !

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You either have to be present on the day or give POA to the notaire's office or another person to sign in your absence. There is no cost involved in having a member of the notaire's staff represent you. You cannot sign in advance as you can with the compromis.

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Thanks Judie and Loiseau, very helpful. Its abit annoying to think that the Notaire`s office is only next door but because of the close proximity the signing day is to Christmas, we may just not have the time to attend the signing. I had always thought that the representation aspect cost something like 1% of the sale price, and was susprised to read that it is free?

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Stan,

Whilst I think your actual question has been answered - did you agree to this change of date, as I thought it was always to be agreed between the two parties?  Obviously, if it is a question of loosing the sale otherwise, I can understand you may not want to cause waves, but it does seem a very odd day to chose .... even if France does only close down for the one day, it does close down ..... on Christmas Eve!!!

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[quote user="Judith"]Stan,

Whilst I think your actual question has been answered - did you agree to this change of date, as I thought it was always to be agreed between the two parties?  Obviously, if it is a question of loosing the sale otherwise, I can understand you may not want to cause waves, but it does seem a very odd day to chose .... even if France does only close down for the one day, it does close down ..... on Christmas Eve!!!

[/quote]

Well, this Notaire must close down at lunch time Xmas Eve, as today I have had the signing time confirmed as 9.30am !

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