4 October 2026

The acte authentique

What should you check before receiving the keys?

After the offer, the promesse or compromis de vente, the cooling-off period, the financing and a substantial amount of documentation, the moment finally arrives when the property actually changes ownership: the signing of the acte authentique de vente at the notary’s office.

For many buyers, this appointment feels mainly like the formal conclusion of a purchase that was effectively agreed months earlier. Legally, however, something fundamental happens on this day. In most French avant-contrats, the effects of the sale are postponed until the authentic deed is signed. At that point, ownership is transferred, the purchase price is paid and, in principle, the risk and the right to use the property also pass to the buyer.

The notary then arranges for the deed to be registered with the service de la publicité foncière. This registration makes the transfer of ownership enforceable against third parties.

Precisely because the process is almost complete by then, there is a tendency to regard this final stage as a formality. Yet things may have changed between the compromis and the final deed, new documents may have become available and, before signing, it is still necessary to check whether the property is actually being delivered as agreed.

What happens between the compromis and the final deed?

The period between the avant-contrat and the acte authentique is not only intended to give the buyer time to arrange financing. The notary uses this period to carry out a series of legal and administrative checks.

These include checking the ownership situation, any mortgages and other registrations, public-law restrictions and possible pre-emption rights. The notary gathers the documents required for the sale and checks whether the conditions in the avant-contrat have been fulfilled.

For a property in copropriété, there are additional specific documents and checks. The buyer will already have received much of the information about the copropriété before or at the time of the avant-contrat. This includes the règlement de copropriété, the état descriptif de division, the minutes of the most recent general meetings and financial information about the copropriété.

Shortly before the final transfer, the état daté also plays an important role. This document is provided by the syndic to the notary and contains financial information about the lot being sold and the position of the seller and buyer in relation to the copropriété.

The final deed is therefore not simply a repetition of the compromis. It is drawn up on the basis of the information and checks gathered since the avant-contrat was signed.

Read the draft acte authentique

Before signing, the buyer will usually receive a draft of the deed. This document deserves more attention than it sometimes receives.

First check whether the parties, the property, the associated plots of land and any ancillary spaces are correctly described. In the case of an apartment, for example, this means that not only the apartment itself, but also a cellar, garage or parking space must be correctly included as a lot if it forms part of the purchase.

Also check whether the purchase price is correct, whether the method of financing has been properly recorded and whether any special arrangements from the compromis have been included where necessary. If, for example, certain movable items are to remain in the property, a particular easement has been discussed or the parties have agreed that certain work will be carried out before completion, it should be clear how these matters have been dealt with in the final documents.

Information that has only become available after the compromis also deserves attention. A buyer should therefore not only check whether the final deed corresponds with the avant-contrat, but also whether anything has emerged in the intervening months that is relevant to the purchase.

The final viewing: not an unnecessary formality

One of the most important practical checks does not take place at the notary’s office, but at the property itself.

It is advisable to walk through the house or apartment once more shortly before signing. Not to reconsider whether you like the property, but to check whether the actual situation still corresponds with what has been purchased.

Is the property vacant if that was agreed? Are the items included in the purchase still there? Has any damage occurred since the compromis? Are the installations still working? Is the swimming pool still in the same condition? Have kitchen appliances, air conditioning or other items that were supposed to remain suddenly disappeared?

In the case of a furnished sale, or where an inventory forms part of the agreement, this check is particularly important. The same applies if the seller was due to carry out work between the compromis and completion.

The legal position if a problem is discovered during this inspection depends on exactly what was agreed and what has happened. It is therefore better to identify a discrepancy before signing than after the keys have been handed over.

The meter readings can also be taken during this final viewing. This makes the transfer of electricity, gas and water easier.

Are the diagnostics still valid?

The diagnostic dossier also deserves a final check before the definitive deed is signed.

Not all diagnostics have the same period of validity. A termite report, for example, is valid for a much shorter period than some of the other inspections. If a document that was valid at the time of the avant-contrat expires before the final transfer, it may have to be renewed.

This does not mean that the buyer should wait until the day of completion to assess all the diagnostics. As discussed in the previous article in this series, they should be read carefully well before then. The purpose of the final check is to establish that the documents required for the definitive transfer are still current and complete.

The same applies to information that may have changed since the compromis. The period between the two agreements is often several months. The documents accompanying the final deed should reflect the situation relevant at the time of the actual transfer.

In a copropriété: the état daté

When an apartment or another lot de copropriété is sold, the syndic provides an état daté to the notary before completion.

This document provides information about the financial position relating to the lot being sold. Among other things, it contains information about amounts that the seller still owes to the syndicat des copropriétaires and about certain amounts that may become payable by the buyer.

This is relevant to the buyer because the financial position of an apartment is not determined solely by the regular charges de copropriété. Decisions previously taken by the general meeting, planned works and the financial position of the copropriété may also have consequences after the purchase.

The état daté should therefore be considered together with the other documents relating to the copropriété, including the minutes of the general meetings and information about works that have already been approved.

And if the seller still owes money to the copropriété?

When an apartment is sold, the notary also checks whether the seller still owes any amounts to the syndicat des copropriétaires. If the seller cannot provide a recent certificat du syndic showing that they have fulfilled their obligations, the law provides for a procedure allowing the copropriété to recover outstanding amounts from the proceeds of the sale.

The transfer of ownership to the buyer can still take place. The purchase price has already been paid to the notary before completion, but is not necessarily immediately paid out in full to the seller. After the transfer, the syndic can, in accordance with the statutory procedure, lodge an opposition against the payment of the amount that the seller still owes to the copropriété. The notary then retains that amount until it is clear how it should be settled.

For the buyer, the main point is that this is, in principle, a financial settlement between the seller and the copropriété. It is not a debt that automatically passes to the buyer as a result of the transfer of ownership.

The effects of the opposition are limited to the amount stated in it.

For the buyer, this distinction is important. Arrears owed by the seller to the copropriété are, in principle, a matter between the seller and the syndicat. The statutory procedure ensures that the outstanding debt can, if necessary, be paid from the proceeds of the sale. As a result, part of the purchase price may temporarily remain with the notary after completion instead of being paid directly to the seller.

The purchase price must be with the notary before signing

The day of completion is not the time to transfer the purchase price. The full amount required for completion must be available in the notary’s account in good time. The buyer transfers their own funds and, where financing is involved, the amount borrowed is also made available in accordance with the applicable procedure. In addition, the amounts required at completion for taxes, duties and notarial costs must be paid.

For international buyers, this practical point deserves particular attention. A large international transfer may take longer than an ordinary domestic payment. Banks and notaries may also, as part of their statutory checks, ask questions or request supporting documents concerning the source of the funds. That is a subject in its own right and will therefore be covered in a separate article in this series.

What are you actually signing?

The acte authentique is the final legal record of the sale. During the appointment, the notary goes through the deed with the parties and can answer questions about its contents before it is signed. Most avant-contrats provide that the effects of the sale are postponed until this moment. When the authentic deed is signed, ownership is transferred, the purchase price is paid and the use of the property and the associated risks pass to the buyer.

The buyer therefore actually becomes the owner.

Nowadays, signing does not always mean that all parties have to be physically present in the same notary’s office. In certain circumstances, a power of attorney can be used and the French notarial profession uses electronic authentic deeds.

This is practical, particularly for international buyers, but it does not make the document any less important. A power of attorney makes the signing process easier; it does not make the contents of the deed less significant.

When do you receive the keys?

Under normal circumstances, the keys are handed to the buyer after the acte authentique has been signed.

That moment is more than symbolic. From that point onwards, the buyer has the use of the property and, in the usual situation, also bears the risk. It is therefore important for the insurance to take effect on the correct date and for it to be clear how electricity, water, gas and any other contracts will be transferred or newly arranged.

In the case of an apartment, the copropriété must also know who the new owner is. The transfer of ownership is therefore notified to the syndic.

And the title deed?

It comes as a surprise to some international buyers that after signing they receive the keys, but do not immediately leave with their definitive titre de propriété. After signing, the notary still has to arrange for the deed to be registered with the service de la publicité foncière. This registration makes the transfer of ownership enforceable against third parties and ensures that the public property records are updated. The definitive title deed is the official copy of the signed deed once these formalities have been completed. This may take some time.

In the meantime, the notary can provide an attestation de propriété. This allows the buyer to demonstrate for practical purposes that they have become the owner, for example to an insurer or another organisation.

The fact that the definitive titre de propriété is not available immediately after signing therefore does not mean that the buyer is not yet the owner. The transfer of ownership has already taken place; the administrative registration and completion follow afterwards.

The final check is above all practical

By the time the acte authentique is signed, most of the legal work has been completed. That does not mean that all the buyer has left to do is sign. It is precisely in the final days that the legal and practical checks come together. Does the draft deed correspond with what was previously agreed? Have the conditions in the avant-contrat been fulfilled? Are the required diagnostics still valid? In the case of a copropriété, is the current financial situation clear? Is the required amount with the notary in good time? And is the property still in the condition in which it is supposed to be delivered under the agreement?

The final viewing and careful reading of the definitive documents are therefore not an unnecessary final round. They are the last opportunities to identify a discrepancy before the purchase price is paid, the keys are handed over and the buyer actually becomes the owner.