Is there an official complaints process against notaires in France?

Reader Question: How do we complain about a notaire? We sold our property in December 2024 and we are still waiting for a transfer of funds. The notaire is not returning our calls. We have already sent a registered letter to him.

When a property is sold in France, the money is not transferred to the seller immediately. It may take several weeks, as the notaire completes the property transfer formalities.

There is also the question of the calculation and payment of any capital gains tax, which in the case of non-residents outside the EU requires the assistance of an intermediary called a fiscal representative. 

However, if there is an undue delay, then sending a registered letter to the notaire is indeed the recommended first step during such issues. 

If the notaire responds to this letter with an explanation and the matter is quickly resolved, that may suffice. However, if an error has been made and the notaire acknowledges this, they will open up a case with their insurer over your complaint, for compensation. 

If the notaire does not reply or you are unsatisfied with the response, you are also entitled to make a complaint to the mediator for notaires. 

This can be done online, by email, or the post for an issue less than one year old, for which you sent a registered letter at least two months ago and did not receive a response (or if you were unsatisfied by the notaire’s response).

Using the mediator is free. Full information on how to apply can be found via its website, which includes a form to download if you wish to send the complaint through the post.

It is also possible to sue a notaire as they are responsible for their commercial activity. 

You can begin criminal or civil liability proceedings, however in your case a civil case would likely be appropriate as there is no evidence that the notaire has committed an illegal act such as fraud.

Where appropriate, criminal complaints against a notaire require filing the case with the public prosecutor – which can be done here – but civil liability cases go through the local courts. 

This would be dealt with by the local tribunal judiciaire court. 

You can use the government’s online registry to find details of the court.

Read more: Why is French notaire asking me to provide origin of funds for purchase?

Complain to notaire body

Alternatively, you can make an official complaint to the notaires professional council for your region (conseil régional des notaires).

You can find its contact information online here.

This complaint should include information about yourself, your notaire, and the reason for the dispute, including evidence. A lawyer can help you write the complaint. 

The council can choose either to open conciliatory proceedings between you and the notaire (which it will preside over) in an attempt to come to a solution, or reject the complaint. 

In the case of the latter, you can then take the complaint to the disciplinary court of notaries. 

Note the regional council may automatically opt to elevate the case to this level, if they believe the complaint is justified, or if the conciliation proceedings initiated are unsuccessful.

The disciplinary court can penalise notaries for malpractice, as well as deal with the original issue of your complaint. 

If you are unsatisfied with the outcome and have not yet done so, you can also file a civil or criminal proceedings against the notaire.

Read more: What is the role of an estate agent when buying a property in France?