What Is a Notice to Appear at the Notary Public Office and What Is Its Legal Function?

What Is a Notice to Appear at the Notary Public Office and What Is Its Legal Function?

A notice to appear at a notary public office is one of the most important legal instruments used to enforce contractual obligations in real estate transactions.

This formal legal notice is issued by one party to a contract, most commonly the purchaser, and is addressed to the other party, usually the seller, requiring them to appear at the designated notary public’s office to execute the official deed of transfer.

Such a notice demonstrates the seriousness and good faith of the issuing party in fulfilling contractual obligations. It also constitutes an important evidentiary document that may later be relied upon before a court of law.

The primary purpose of the notice is to compel the counterparty to perform their contractual duties, particularly attendance at the notary public office and execution of the formal deed of transfer.

The importance of this notice becomes especially evident where one party refuses to attend the notary public office or attempts to delay completion of the transaction. In such cases, issuing a formal notice is the initial step toward potential legal action against the defaulting party.

Legal Basis for Issuing a Notice to the Seller or Purchaser

The principal legal foundation for issuing formal notices in the Iranian legal system is Article 156 of the Civil Procedure Code. Pursuant to this provision, any individual may, prior to initiating legal proceedings or even without filing a lawsuit, formally notify the opposing party of a legal demand through an official notice.

In real estate transactions, where the purchaser has paid part of the purchase price and the remaining balance is contractually due at the time of execution of the official deed, but the seller fails to cooperate at the agreed time, the purchaser may rely on this legal provision to issue a formal notice.

Such notice constitutes an official warning and serves as a preliminary step for subsequent legal action. It demonstrates that the issuing party has acted in good faith and has provided the other party with an opportunity to fulfill their contractual obligations. In the event that litigation becomes necessary, the notice serves as persuasive evidence that the claimant was prepared to perform their obligations.

When Is It Necessary to Issue a Notice to Appear?

The preparation and dispatch of a notice to appear at the notary public office becomes necessary or strongly advisable in several situations, including:

• Refusal by the seller to execute the official deed despite receiving part or all of the purchase price.
• Unjustified delay by one party in performing contractual obligations on the agreed date.
• Emergence of disputes after the execution of the preliminary sale agreement that hinder the completion of the official transfer.
• The need to document compliance with preliminary legal steps before filing a lawsuit.

In all such circumstances, issuing a formal notice is a prudent and legally sound measure that clarifies the path toward dispute resolution and strengthens the position of the party seeking judicial relief.

The Role of the Notice in Protecting the Rights of the Parties

In many real estate transactions, a properly drafted and timely notice is crucial to safeguarding the rights of both the purchaser and the seller.

From the purchaser’s perspective, the notice formally requests the seller’s attendance at the notary public office to execute the official transfer deed. It serves as documentary proof that the purchaser is ready and willing to perform their obligations.

Conversely, a seller may also use this legal instrument if the purchaser fails to pay the remaining balance of the purchase price or delays attending the notary public office. By issuing a notice, the seller may demonstrate good faith and readiness to complete the transaction.

Therefore, a notice to appear is not merely a warning but a form of documented pre-litigation communication. In court proceedings, it may establish that the issuing party complied with contractual commitments while the opposing party failed to do so.

Essential Information to Be Included in the Notice

A notice that lacks necessary legal details may lose its effectiveness or even be rejected as insufficient evidence. Accordingly, accuracy and clarity in drafting are of utmost importance.

The notice should include:

• Full identification details of both parties, including full name, national identification number, and precise address.
• Complete description of the transaction, including the date of the preliminary sale agreement, type of property, registration number, area, address, and total purchase price.
• Statement of the amount already paid and the balance remaining.
• The agreed date and location of the notary public office for the execution of the official deed.
• A clear time frame for attendance.
• A warning regarding the legal consequences of failure to appear.
• Signature of the sender and date of issuance.

Inclusion of these elements ensures legal validity and prevents ambiguity.

Timing and Method of Service

Proper timing and lawful service of the notice are essential for its acceptance before judicial authorities.

The notice is typically sent several days to a week prior to the scheduled execution date of the official deed. This allows the recipient sufficient time to receive and review it.

Service must be effected through legally recognized channels, including:

• Judicial Electronic Service Offices.
• Registered postal service.
• The official electronic judicial system of Iran.

It is imperative that the sender retain proof of service. Such proof may serve as critical evidence in any subsequent legal proceedings, demonstrating that the recipient was formally notified but failed to comply.

Maintaining a copy of the notice with a legal advisor or attorney is also recommended for future reference.

Frequently Asked Questions Regarding Notices to Appear at the Notary Public Office