The authentic act

Authentic act

The sale of a property goes through several stages, the last of which concerns the signing of the authentic act. It is the document that certifies the official transmission of the property. What should it contain in this case? What are the characteristics of an authentic act? In this guide, you will find all the answers to these questions as well as other information you need to know about this document to understand your rights as a seller or a buyer.

What is an authentic act?

Also called a notarial act, the authentic act is a legal document that formalizes a real estate transaction. It is the notary who takes care of its drafting and certification. Once each party has signed this document in front of the notary, the purchaser of the property officially becomes the new owner. However, the latter must wait a few months to receive his title of ownership.

Thanks to the expertise of the notary, he is in a position to ensure the identity of the signatories of the authentic instrument. It also includes the data it contains. The notary only draws up one original notarial act called the “minute”. He is the only one who can keep it. It is from this minute that he will be able to make authentic copies of the acts to be transmitted to each party. The notarial act applies in various fields, in addition to the purchase of real estate: marriage contract, will, donation and promise of sale.

The information that should appear on the authentic instrument

Before the seller and the purchaser of the property sign the authentic instrument, they must take note of all the information it contains. The signature in front of the notary will only be a formality allowing the real estate transaction to be concluded. In general, the authentic instrument should contain the following information.

Contact details of the seller and the buyer of the property

This is, of course, information that should appear in a legal document. The coordinates and the exact identity of each party must then be very clear on this point. One of the two parties may not be able to show up at the time of signing the notarial act. In this case, a power of attorney will be required. This is a detail that should also be mentioned in the bill of sale.

Real estate information

All the characteristics of the property must be mentioned in the authentic act. This concerns in particular its address and origin, its presentation, its equipment and annexes, the existence of a mortgage or easements. It should also be mentioned whether it is residential or commercial real estate.

The valuation of the property

Before selling an individual or condominium property, it will be subject to a technical diagnosis. According to the obligations applicable to this property, several elements must be attached to the authentic act of sale. This concerns in particular the diagnoses and documents relating to the property such as the DPE, the condition of the electrical installations or even the Carrez area of the property as well as the natural and pollution risks, etc. It should be noted that the mandatory diagnoses may vary depending on the location of the property and its age. It is up to the notary to ensure that everything is mentioned in the act.

Information on the real estate transaction

All information relating to the real estate transaction must be mentioned in the authentic instrument. This includes in particular the price and ancillary costs, the terms of payment, the date of enjoyment and availability of the property and the suspensive conditions. If there was no preliminary contract, the notarial act must contain a period for the purchaser to reflect. It should be noted, however, that the authentic act is generally preceded by a preliminary contract.

Why is the authentic act so important for each party?

For a real estate transaction, the security of the seller and the purchaser is based on the authentic act. Thanks to the information mentioned there, they are unquestionable in passing, they have the right to present them before a judge if there is ever a dispute. On the other hand, the notarial act also shows the date of the transaction and the conditions that go with it. Thanks to this data, each party benefits from a certain legal certainty. In the event of a future dispute, the minute is the time to decide. In addition, there are no unpleasant surprises, since the seller and the purchaser know the details of the real estate transaction in advance.

The roles of the notary in all this

The notary is the ministerial officer best placed to prepare authentic acts during a real estate transaction. It is up to him to check all the elements in the document. It certifies their accuracy and ensures that each party validates them by signing the document. He keeps the original of the authentic act for 75 years. This original document will always be useful in the event of a dispute that may occur in the future. On the other hand, notaries are also in the best position to help each party understand the extent of their commitments, thus avoiding unpleasant surprises. If ever the seller or the purchaser cannot sign the authentic act, it is up to the notary to make the signature, thus certifying the authenticity of the act.

Signature of the authentic act — how does that happen?

The signing of the authentic act should only take place in front of the notary. It takes place after the completion of the preliminary contract, which already indicates the deadline for regularizing the act of sale. This delay is generally 2 to 3 months. Before both parties sign the document, the notary first checks that everything is ready and up to date, depending on whether the seller wants to add additional information.

Each party will then go to the notary where the signing of the authentic act will take place. It will also be necessary to release the funds made with the bank, because all payments must be made in parallel with the signing of the act. It will be read aloud by the notary before the parties involved sign it. After that, the real estate transaction becomes effective and the new owner of the property receives his keys. The latter receives his title of ownership within 6 months, after the notary has completed the land advertisement. In the meantime, a real estate certificate of ownership will be issued to him at the time of signing the authentic act.