€200 to €300 on average for a notarial sales agreement—but who pays? By default, it’s the buyer who foots the bill, in full and on the day of signing. This well-established practice is easy to explain: the buyer is the primary beneficiary of the guarantees provided, and these fees are included in their final closing costs. However, alternative arrangements are possible—if you’re willing to negotiate. Here’s a full breakdown of the cost of a sales agreement, the usual split, and possible alternatives for a more balanced deal.
Breakdown of the cost of a sales agreement
A notarial sales agreement typically costs between €200 and €300. This range depends mainly on two factors.
The property’s price
Part of the notary’s fee for drafting the agreement is calculated on a proportional scale based on the property valuation. These are called “proportional fees.” For example, a sales agreement might cost €150–250 for a €100,000 studio, €200–300 for a €300,000 family apartment, and up to €800–1,000 for a luxury villa worth €1 million.
This proportionality makes sense. The notary’s professional liability increases with high-value transactions. The financial risk justifies a more thorough verification process. In addition, legal checks tend to be more complex for premium properties (special easements, unique regulations, etc.).
The file’s complexity
A complex file requires more time from the notary and their team. The presence of easements to review, a lengthy co-ownership agreement to analyze, joint ownership issues, or a real estate investment company (SCI) structure all demand extra hours—reflected in the bill.
Notaries have regulated flexibility when setting their fees. Note that proportionality is not strictly linear. It can vary from office to office, with some applying tiered flat rates rather than a fixed percentage.
These two factors highlight the true added value of the notary’s role:
- Legal security, with a tailor-made agreement, thorough checks (mortgages, zoning, easements, preemptive rights), and a review of complex documents (title deeds, co-ownership regulations, diagnostics).
- Expert guidance for both parties, as the notary has a duty to inform and remain impartial, ensuring the protection of everyone’s interests.
- Secure management of funds (holding the deposit), helping prevent future disputes.
- Legal formalities (tax registration, mandatory notifications) carried out with care.
These are essential services that more than justify the cost of a notarial agreement—unlike a basic private promise to sell, registered with tax authorities for just €125.
The buyer: the designated payer
By default, the buyer is responsible for paying the notarial agreement fees—in full and on the signing day. This well-established market practice has several clear justifications:
- The buyer directly benefits from the high level of legal protection offered by the notarial act, especially for such a major investment.
- These fees are part of the overall acquisition process and will be included in the final notary fee summary (alongside transfer taxes and notary’s fees).
- Unless otherwise negotiated, this payment does not represent an additional cost—the agreement fee is essentially an advance on total notary expenses.
Payment terms to anticipate
In practice, the buyer must be ready to pay the agreement fees on the signing day, typically by cheque or wire transfer. This amount is in addition to the deposit (5–10% of the sale price), which is held in escrow by the notary’s office.
Important note: this payment must be anticipated at the signing stage—not at the final deed. Remember, the delay between the agreement and the final sale can last several months. This is truly an upfront disbursement, a prepayment on the overall acquisition costs that needs to be budgeted for in advance.
The notary will communicate the exact amount due during the preparatory meeting and ensure payment is received before proceeding with the signing.
Possible alternative arrangements
That said, other payment arrangements can be considered and negotiated by mutual agreement between the parties:
- The seller pays everything to encourage a quick sale in a declining market, make up for a tough price negotiation, or streamline an urgent deal. This commercial “bonus” can sometimes be found in real estate listings in Paris.
- Costs are split evenly (often 50/50) to reflect shared commitment, balance concessions, or facilitate a family transaction.
- Incorporation into overall negotiation (price, furniture, deadlines) as part of a broader deal-making strategy.
These are all options worth exploring, with the guidance of a notary who ensures fair and balanced terms. The key is to clearly document any agreement in the sales contract to avoid misunderstandings.
Canceled agreement: who pays the fees?
And what if the sale falls through? A valid question. This often happens when a legitimate condition precedent isn’t met—for instance, if the buyer gets a loan refusal from the bank. In that case, the buyer gets their deposit back, but the agreement fees still apply—unless otherwise agreed.
Three other common scenarios:
- If the buyer withdraws within the legal 10-day cooling-off period without reason, the fees are usually still due—but the notary may make a goodwill gesture.
- If either party fails to fulfill their obligations (e.g., the seller pulls out without a valid reason or the buyer defaults after the cooling-off period), the defaulting party may be required to compensate the other—including incurred fees.
- If both parties mutually agree to cancel the sale, they can split the fees however they choose (typically 50/50).
Beyond the question of “who pays,” the notary’s role at this stage offers vital legal protection and guidance through the steps of selling a property—making their services well worth the investment.