The notary is required to inform and

This decision sheds important light on your property law. Here is what it changes for you.

The Situation

The notary is required to inform and enlighten the parties, in a complete and detailed manner, on the scope and effects, in particular as regards tax implications, of the deed to which he lends his assistance. Consequently, the Court of Appeal violates Article 1382, now Article 1240, of the Civil Code when, in order to exclude any failure by the notary in fulfilling his duty to inform about the taxation of the sales for which he drafted the deeds, it states that the notary is not responsible for the seller's declaratory failings, since the seller, as a person liable for VAT, ought to have filed his CA3 returns, whereas such failings were the result of incomplete information provided by the notary on the taxation of the transactions in question.

What the Law Says

This decision confirms the fundamental principles of property law.

Key Points

• Strictly observe the statutory time limits for appeals
• Keep all your supporting documents (title deeds, acts, letters)
• Anticipate: preventive advice is always cheaper than litigation

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