Notary Liability in Condominium Sales

Extract

[...] - Reform de la copropriété the 9 april 2024 relying on the loi n°2024-322. - Cour cassation, civil, Chambre civile February 2024, 22-24.119, Unpublished. - Court of cassation, civile, Chambre civile décembre 2024, 23-16.359, Inédit. - Court de Cassation, Chambre civile du 22 mars 2000, 98-12.779, Inédit. - Court appeal de Rennes, du 26 février 2004, 01/05785. [...]

[...] These shortcomings may lead to a action of the buyer against the notary on the basis of article 1240 of the Civil Code and the syndic regarding the debt of charges. Documents - Law n° 65-557 you 10 July 1965 fixing the status the the copropriété of the buildings bâtis. [...]

[...] The notary has a obligation of enhanced advisory and verification against. Thus, on the occasion of a recent ruling, the Court of Cassation has ruled that "the notary's duty to advise is absolute and extends to all legal, fiscal and patrimonial consequences of the act""Cass. 1st civ 2 April 2025 n°23-18.930). It is the notary who bears the burden of proof, it is therefore he who must prove that he has informed his clients in a complete manner about the operation, in particular by writings. [...]

[...] The notary will then proceed to the modification of the condominium bylaws to remove the bike storage area from the common areas, create a new private lot and adjust the shareholders. Finally, he publishes the deed. The sale leads to the modification of the condominium bylaws and the descriptive state of division since there is a transfer of a common part. In this case, the bike room is deleted from the common parts and becomes a private lot belonging to the co-owner buyer. [...]

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