A deed of sale must replicate the terms stated in the sale contract, as two English buyers rightly argued.

Roger and Pamela Dixon contacted us recently concerning an interesting example of where a notaire had decided to take into his own hands re-writing of the terms of the sale and purchase contract.

The couple had signed a compromis de vente (sale and purchase contract) for a property in the Vendée.

The terms of the sale contract stated, amongst other things, that the seller was not exonerated from their liability for hidden defects, called vices cachés.

When Roger and Pamela attended the notaires office to sign the deed of sale, the acte authentique, they found that the vices cachés clause had been changed, granting the seller exoneration from any guarantee of hidden defects!

Roger and Pamela also found that, whereas the sale contract provided that the seller would accept responsibility for the payment of the taxe foncière in that year, the acte authentique now provided that the tax burden would be shared between the seller and the buyer.

With the owner reluctant to accept responsibility for vices cachés, Roger and Pamela refused to sign the deed of sale until the notaire and seller agreed to change the deed of sale to the original contract terms.

'We had previously read about the whole issue of vices cachés in your Newsletter, so we were absolutely determined to stand our ground.

The notaire excused himself by claiming that the sale contract had incorrectly interpreted the wishes of the seller!', they stated.

The legal position on this issue is a simple one: the sale contract is binding, and the deed of sale must faithfully replicate the terms of the sale as set out in compromis de vente or promesse de vente, whichever form of sale contract is used. The notaire has no right to make any changes without the agreement of both buyer and seller.

Unfortunately, what does sometimes (and only ‘sometimes’) happen is that, following the signing of the sale contract, the notaire may be approached by the seller or buyer and asked to make a change in a clause, or adding or omitting a clause.

(Ed: I can vouch for this from personal experience, having been involved in a French property transaction, the terms of which were substantially changed by the notaire from that originally agreed. The original terms were eventually reinstated)

Notaires in France are no different than some lawyers elsewhere in the world. Some are lazy, incompetent, ill-informed, and even corrupt. Thankfully, most are actually none of these things.

Nevertheless, because of the frailty of human nature it may well be possible for a seller or buyer to approach the notaire after signing of the sale contracts, and have the terms of the transaction changed to their advantage.

It may also be the case that the notaire makes their own judgement and alters the terms of the contract in the final deed of sale.

Clearly, international buyers with only a rudimentary understanding of French property law and the French language are most vunerable to this sort of deception.

The only way of avoiding the risk is to do as we have consistently recommended on this site – be vigilant about all professionals you use, make your own enquiries about the property, and appoint your own notaire or legal advisor.

Appointing your own notaire will not cost you any more, as the fees are shared between both notaires.

Clearly, if language is an issue, then either have translation assistance, or appoint a legal advisor from your home country with a good understanding of French property law.