Selecting a language will automatically trigger the translation of the page content.

How to settle a dispute with a notary?

Verified 30 April 2020 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

You may be in conflict with your notary, for example:

  • Billing for unreasonably high rates
  • Delay in processing file
  • Neglect in handling the case
  • Refusal of appointment
  • Error in writing an act
  • Defending your own interests at the expense of yours
  • Lack of impartiality between the different parties in a case
  • Disclosure of confidential information to third parties
  • Bad legal advice

To settle the dispute, you can try to find an amicable solution or to bring a case that can sanction the notary.

If you are unable to resolve the problem with your notary, you can enter the notarial ombudsman.. You must send a registered letter with a notice of receipt explaining the problem and specifying the contact details of your notary.

Referring to the notarial ombudsman

You can refer the matter to the president of the Departmental Chamber of Notaries either directly or after an unsatisfactory solution from the notarial mediator.

This body is responsible for ensuring that notaries comply with professional rules.

The notary is personally responsible for all his professional activity. This responsibility may be civil or criminal.

Criminal liability

The criminal liability of the notary may be questioned on the following grounds:

  • Violation of the professional rules of notaries (writing of false acts, violation of professional secrecy etc.)
  • Violation of criminal law (fraud, abuse of weakness etc.)

To lodge a complaint against the notary for failure to comply with a disciplinary or criminal rule, the public prosecutor must be brought before the court.

Make a complaint to the public prosecutor

Civil liability

The Civil liability the notary may be accused for his actions which have caused you harm. For example:

  • Forgetting an administrative delay that results in penalties (taxes)
  • Forgotten servitude in a real estate sale
  • Proposal for a legal package challenged by the tax authorities
  • Excessive pricing

The action concerning the civil liability of the notary must be brought before the civil judge. The court of competent jurisdiction depends on the amount that is the subject of the dispute.

The court having jurisdiction shall depend on the sums involved in the dispute.

  • For a dispute less than or equal to €10,000, it is the local court or the judicial court.
  • For litigation greater than €10,000, it's the court.

FYI  

civil proceedings may be brought before the public prosecutor if the criminal case has already been brought before him. Then we must do a civil party..