Notary liability requires proof of fault

A notary can be held responsible for a mistake only if three conditions are met: a fault, a resulting harm, and a direct connection between the two. The Court of Cassation ruled in 2014 that a notary was not liable for failing to inform a client because the client would have signed the agreement regardless of the missing information.

Notary duties include informing clients

Notaries are required to ensure that all legal conditions for an act are met and to inform clients about what they are signing and the risks involved. The burden of proof for demonstrating that a client was informed lies with the notary, as confirmed by a 2020 ruling from the Court of Cassation.

Not all errors lead to compensation

Clients are generally not compensated for errors that do not cause actual harm. Some errors, like simple mistakes in names or dates, can be corrected through a formal amendment. Proving a fault usually involves reviewing documents like the original act, its attachments, and communication with the notary's office.

Steps to address a notary's fault

If a client believes a notary made a mistake, the first step is to file a written complaint with the notary's office, preferably by registered mail. If no response is received within two months or if the response is unsatisfactory, the client can seek help from the notary's mediator, who must be contacted within one year of the initial complaint.

Time limits for legal action

Legal action against a notary is subject to a five-year statute of limitations, starting from the day the victim became or should have become aware of the issue. This date can be debated and is not set in advance, so it is advisable to act promptly if there is any doubt.

Notaries are required to have liability insurance

Professional liability insurance is mandatory for all notaries, covering most faults except intentional ones. A collective guarantee also exists to cover certain financial consequences excluded from standard insurance. However, victims still need to prove both the fault and the resulting harm before seeking compensation.