The handing over of keys at the notary’s office concentrates in a few minutes the legal transfer of a property from one estate to another. However, the exact moment when the keys change hands, the documents to be gathered, and the consequences of a delay between signing and actual handover vary depending on the situations. Comparing these scenarios allows for measuring the risk disparities for both the buyer and the seller.
Property Transfer and Key Handover: Comparison of the Three Scenarios
The date of key handover does not always coincide with the signing of the authentic deed of sale. Three configurations exist, and each modifies the distribution of responsibilities between the parties.
| Scenario | Moment of Handover | Who Bears the Risks on the Property | Specific Clause Required |
|---|---|---|---|
| Handover on the day of signing | Immediately after signing the authentic deed | The buyer, from the moment of signing | No (default case) |
| Early handover (before signing) | Between the preliminary contract and the final deed | Depends on the occupation clause drafted in the preliminary contract | Yes (mandatory occupation clause) |
| Deferred handover (after signing) | Several days to several weeks after the deed | The seller retains partial responsibility according to the agreement | Yes (temporary occupation agreement) |
In the majority of transactions, the key handover at the notary takes place on the same day as the signing. The buyer receives all the keys to the property and its outbuildings, and the transfer of ownership is immediate.
The other two scenarios require tailored drafting in the preliminary contract or in the deed. Without a written clause, the legal consequences can surprise both parties.
Early Occupation Clause: What Jurisprudence Requires to Verify
When a buyer wishes to retrieve the keys before the final signing, the issue goes beyond a simple verbal agreement. The qualification of the occupation strictly depends on the written clause in the preliminary contract, notably whether or not an occupation indemnity is mentioned.
In the absence of an indemnity stipulation, early occupation is considered free of charge. This distinction has direct consequences: certain presumptions of liability, such as those related to Article 1733 of the Civil Code, do not apply in the case of free occupation.
Resolution of the Sale and Reimbursement of Charges
A ruling from March 16, 2023 (Cass. 3e civ., n° 21-24.308) determined that when the resolution of the sale is pronounced, the seller must reimburse the buyer for charges such as property taxes. The property is then deemed to have never left the seller’s estate.
This point is rarely addressed in traditional real estate guides. A buyer who occupies a property before the signing and whose sale fails finds themselves in a situation where the occupation clause determines almost everything: who pays what, who bears the damages, and under what conditions the property must be returned.
- Check that the preliminary contract explicitly states whether the occupation is free or with indemnity, and the amount if applicable
- Document the condition of the property with a written document (dated photos, contradictory report) before any entry into the premises
- Record the water, gas, and electricity meters at the time of possession, even if temporary
- Confirm that the buyer’s home insurance is active from the first day of occupation
Seller Remaining After Signing: Occupation Indemnity and Risk of Eviction
The opposite scenario also exists. The seller signs the authentic deed, receives the price, but keeps the keys for a few days to organize their move. This situation, common in practice, poses a problem as soon as the agreed timeframe is not respected.
The physical handover of the keys and the date of enjoyment must be distinguished. The seller who remains in the premises after the authentic deed without a written agreement may be required to pay an occupation indemnity to the new owner. Jurisprudence treats these cases rigorously: without a formalized agreement, remaining in the premises constitutes an unlawful occupation.
Temporary Occupation Agreement After Sale Deed
To secure a delay of a few days, the notary drafts a temporary occupation agreement attached to the deed. This document specifies the maximum duration, the amount of the daily indemnity, and the conditions for vacating the property.
Without this agreement, the buyer has recourse to obtain eviction, but the process takes time. Formalizing the release schedule in writing avoids almost all post-signature disputes.
Documents and Verifications on the Day of Signing at the Notary
On the day of signing the sale deed, several elements must be gathered before the notary proceeds with the handover of keys.
- The buyer’s home insurance certificate, mandatory in the case of a mortgage with guarantees
- The balance of the sale price, transferred to the notary’s escrow account (the transfer must be effective, not just initiated)
- The up-to-date technical diagnostics (DPE, asbestos, electricity, gas depending on the property’s age)
- The latest statement of condominium charges if the property is in a condominium
The buyer must have taken out their home insurance before signing, not after. The notary requires the certificate to finalize the deed when a loan is involved.
A visit to the property shortly before signing remains common in older transactions. It is not regulated by law, but it allows for verifying that the condition of the property corresponds to that observed during the preliminary sale agreement. It is also the time to record the meters to facilitate the transfer of energy contracts.
Delay Between Preliminary Contract and Authentic Deed: What Conditions the Handover Date
The timeline of the real estate sale directly influences the date of key handover. Between the signing of the preliminary contract and the final deed, several weeks pass to clear the withdrawal period and obtain financing.
The buyer’s withdrawal period starts from the notification of the preliminary contract. After this period, seeking a mortgage often constitutes the longest step. The notary only sets the date for signing the authentic deed after receiving the accepted loan offer and clearing all suspensive conditions.
A delay in obtaining the loan mechanically shifts the handover of keys. Conversely, if all conditions are met quickly, the notary can advance the signing date. The handover of keys depends on the slowest link in the chain, whether it is financing, diagnostics, or clearing preemption rights.
The last point to keep in mind: the date recorded in the preliminary contract for signing the authentic deed is merely indicative. Only the notary’s summons, sent to both parties, sets the final appointment and, by extension, the day when the keys will change hands.