It is not always possible to sign electronically (© AFP)
To finalize a sale, seller and buyer must sign an act before the notary. In time of confinement, it would suffice to carry out electronic signatures remotely. But things are not so simple.
(BFM Immo) – Since 2018, electronic remote signature has been authorized to sign a deed of sale. With a stylus, the notary’s clients affix their signatures on the screen of an electronic tablet. “As for the electronic act that the notary records, encrypts and then stores on a secure server, its probative force has nothing to envy to that of a classic act”, specifies SeLoger. But why then, in this period of confinement, are sales still blocked?
First of all, because remote electronic signature requires equipment which many notaries’ offices do not have. A special installation is required which guarantees legal certainty.
Proxies that are difficult to implement
In addition, Maître Fabienne Magnan, a notary in the 11th arrondissement of Paris, reminds SeLoger that “in the current state of things, the only acts that I am able to perform remotely relate to family law, such as signing of a declaration of succession or a real estate certificate ”. Indeed, when signing an authentic act of sale from a distance, you must first establish a power of attorney. “It is possible to give power of attorney to the parties and then to telephone them to read out the deed, but in the case of a power of attorney, I should ask one of my collaborators to be there in order to physically represent the client. With all the risks of contamination that this entails.… ”.
And finally, to sign a sale, it is important to remember that notaries are required by many organizations such as the trustee, the land registry service … Organizations that are, for some, closed. The notary does not have all the elements necessary for signing the sale.