Question: Am I obliged to use the services of the notary appointed by the developer when I am the one who pays for it? What are the rules that apply in this area: who chooses the notary instrumenting the sale? Is it the seller? Is it the buyer? Do we both have to agree on a name?
Answer: Section 26 of the Notarial Act provides, in the absence of a specific agreement, that in the case of a sale of immovable, the choice of notary is made:
To the buyer, if he pays the sale price in full (cash or with a mortgage);
To the seller, if the buyer does not pay the sale price in full (leaving a balance due to the seller).
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