The notary is not subject to a duty

This decision provides important insight into your property law. Here is what it changes for you.

The situation

The notary is not subject to a duty of advice towards those who remain third parties to the deeds in which he intervenes. Consequently, the Court of Appeal rightly held, having first noted that there was no evidence that the notary had received an implied mandate to ensure the follow-up of the registration of the mortgage benefiting a credit institution, nor that he had given that institution false assurances regarding compliance with the deadlines for the authentic completion of the sale of the mortgaged property, that the notary had not incurred liability towards that institution whose security had been rendered ineffective upon the discharge.

What the law says

This decision confirms the fundamental principles of property law.

Key points

• Scrupulously respect the statutory time limits for appeals
• Keep all your supporting documents (title deeds, deeds, correspondence)
• Plan ahead: preventative advice always costs less than litigation

For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.