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21/11/2013 PROFILE > Notaire

Responsibility of the notary public in the event of incorrect declarations by the seller

In the event of any incorrect declarations by the seller of a property, the notary public and estate agent may be liable if it is established that they had "information likely to lead to any doubt over their truthfulness or accuracy". Indeed, the estate agent "when drafting a sales contract in light of incorrect declarations by a party as to that indicated" may be liable. This is the same for a notary public when "receiving a deed with incorrect declarations by a party in terms of the facts indicated".
Both of these professionals are bound "to verify, by all useful investigations, especially when there is an easily accessible legal publication, all declarations made by the seller and which, by their nature or legal scope, lay down the conditions for validity or effectiveness" of the deed being drafted.