How do I sign the sale of my French property without coming back?

The video-conference power of attorney with a French notaire

Since decree no. 2020-1422 of 20 November 2020, a French notaire may receive a notarised power of attorney with remote appearance. The principal joins a secure session from the country of residence, the notaire checks identity and capacity, reads the deed, gathers consent and signs electronically, as in person. The notaires of France specify that this route can only be used when the technical quality of the session is optimal, so a stable connection and a valid identity document are needed.

It is the simplest route, because it requires no translation, no legalisation and no travel. The power of attorney precisely names the property, the price and the conditions of the sale, and the person who will sign the deed, often a clerk of the notaire's office.

The power of attorney before a foreign notary or the consulate

In civil-law countries, it is possible to ask a local notary to draw up the authentic power of attorney. It is then translated if needed, and legalised or apostilled to be produced in France. The apostille is the simplified formality of the Hague Convention of 5 October 1961, a single stamp affixed by the designated authority of the country; legalisation, longer, goes through the authorities of the country and then the French embassy or consulate. The French Ministry for Europe and Foreign Affairs keeps the table, country by country, saying whether a deed must be apostilled, legalised or is exempt.

The private power of attorney with certified signature

When the law does not require the authentic form, the power of attorney can be written and signed by the principal alone, provided the consulate or a public officer certifies the signature. The notaires of France expressly cite the power of attorney to sell a property among the cases where that form is enough. The document is then sent to the notaire in charge of the sale, who checks it before signing.

The authentic form remains required on pain of nullity when the deed itself is, the power of attorney must then be received in authentic form too. The notaires cite the gift, the creation of a mortgage, the marriage contract and the lease-purchase contract. A purchase with a loan secured by a mortgage therefore falls under that rule.

The rest of the sale happens online

The power of attorney only concerns the deed at the notaire's. Everything before it happens remotely, the valuation, the documents uploaded online, the mandate signed electronically after identification, the viewings handled by the agent, the offers received and accepted online. At BRIVEO, the seller follows each step from the account, and the commission is paid at the deed, together with the capital gains withholding computed by the notaire.