I am about to buy an apartment in a newly constituted co-ownership, and the developer insists that I use the notary they have designated, even though I am the one paying the fees. This is problematic for me because I would prefer to choose a notary of my own to ensure impartiality and protect my interests. Questions: Am I obligated to use the services of the notary designated by the developer even though I am the one paying? What are the rules in this matter: who chooses the officiating notary executing the sale? Is it the seller? Is it the buyer? Do we both have to agree on a name?
Answer: Section 26 of the Notarial Act provides, in the absence of a specific agreement, that in the case of a sale of immovable, the choice of notary is made:
As mentioned above, seller and buyer may agree otherwise. However, it is common for real estate developers to impose on buyers the choice of their notary. Although this practice may appear to be contrary to the interests of consumers, it nevertheless has certain advantages.
Indeed, it makes it possible to deal with a notary perfectly aware of the real estate project: the latter is often the one who prepared the declaration of co-ownership and set up the various financings that allowed the construction of the building. This gives it greater control over the settlement of mortgages.
If, in your case, a preliminary contract has been concluded and it provides that the notary is that of the promoter, it is too late to return to this point. However, nothing prevents you from obtaining the assistance of an independent legal advisor who will be able to provide you with the appropriate legal advice.
