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13/05/2024

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The cost of the deed

The cost of the deed includes the fees for the professional activity of the notary and the amount of taxes, fees and expenses payable to the deed and to the activity which by law the notary must perform before and after the signing of the deed.

Taxes due for the deed can be deployed and the notary is obliged to pay them even if he has not received the appropriate amount.

Therefore, by law, the notary may refuse to accept the assignment of a deed and to carry out its activities if before the act does not receive what is due for taxes, for expenses and for his remuneration.

If the customer requests it, the notary must be specified in detail in the parcel costs (taxes, fees, etc..) And the fees due for the deed.

For business consulting and other professional services not directly related to the notarial deed, the notary is entitled to a fee, which can be agreed with the customer, or determined in accordance with the general criteria established by the Chamber of Notaries, also on the basis of rates professional that regulate similar cases or similar materials.

The choice of the notary

The notary must be chosen by the parties by mutual agreement or, failing agreement, by the party liable for the payment of fees and reimbursement of expenses advanced by the notary.

In the notarial acts in public or involving banks, if the cost of the deed is not dependent on them, the choice is put rule of the notary to the other party, without good reason. The choice of the notary should not be imposed by other professionals, real estate agents, brokers, etc., They can be recommended only if the client requests it. The choice of the notary should be based on a relationship of trust. As a rule, should be taken into account: the time that the notary personally dedication to customers to ensure their will and the practical purpose they wish to achieve, its ability to advise clients and guide them so that the form and content of deed are those that best achieve their interests, and in view of the practical results they wanted, the way in which he has practiced and observes the law and the code of ethics: in particular, its fairness, diligence and preparation professional, as well as the efficiency of the organization of his study. The choice of the notary should not be determined exclusively by the cost of providing notary. The notary fee is a fee relatively rigid: why the fee for the preparation of the deed does not vary whatever the chosen notary; instead may vary, but modestly, fees and notary fees required for preparatory activities and some obligations after the deed. They can also vary, even significantly, the fees for the consultancy and other professional services not directly related to the notarial deed. For the purposes of a comparison of costs is necessary to take into account the manner in which the various notaries carry out their activities and in particular the time they devote to the personal relationship with clients. In any case, it should be considered that, for a professional performance ( especially in cases of greater complexity), the cost basis is not the best one to choose.