Judgment Quashed for Faulting a Notary

Application pratique:

This ruling confirms that the notary cannot refuse to finalise the deed purely because a banker's draft was not provided, as it is not a public policy requirement. The buyer should calmly explain that the law does not compel payment by banker's draft and request the notary to proceed, offering the personal cheque or a direct bank transfer. If the notary persists, the buyer may cite this case (Cour de cassation, 15 February 2005, n° 03-10.946) or seek immediate legal advice.

Application pratique:

As the seller, the landlord can rely on this decision to insist the notary proceed, because the mode of payment is not a mandatory legal formality. The landlord should point out that the notary can still give receipt in the authentic deed for the cheque received, and the sale can be concluded without delay. To avoid future disputes, the landlord may ask the notary to expressly note in the deed the payment method and that it was accepted by all parties.

Application pratique:

The co-owners can jointly assert that the notary must respect their agreed payment terms, as there is no legal obligation to use a banker's draft. They should formally request the notary to draft the deed reflecting the instalment plan and to give receipt for the first cheque, referencing this jurisprudence. If the notary still declines, they can consult another notary or file a complaint with the regional notary chamber, as the refusal is unfounded.