French courts are increasingly holding legal professionals accountable for failing to prevent “fake RIB” (bank identity statement) scams, highlighting a critical vulnerability in real estate transactions. In a significant ruling on March 31, 2026, the Grenoble Court of Appeal ordered a notary to pay €120,000 to an elderly client who fell victim to a sophisticated financial fraud.
The case dates back to the summer of 2022 and involved a man born in 1950, who was under legal protection (sauvegarde de justice) due to vulnerability. The victim was selling his share of a property held in joint ownership with his sister, a transaction that entitled him to €165,000. The notary in charge of the sale was responsible for drafting the official deed and distributing the proceeds to the sellers.
To facilitate the transfer of funds, the client provided the notary with two bank identity documents (RIBs), both signed and marked “bon pour accord de virement” (agreed for transfer). One document was for a standard French account intended to receive €15,000, although the second was for an account based in Spain intended for €150,000. The court found that the notary executed the transfer to the Spanish account without verifying the authenticity of the document, which turned out to be fake. This oversight resulted in the loss of €150,000, leading to the court’s decision to hold the professional liable for €120,000 of the loss.
This ruling underscores a growing trend of professional liability in the face of digital fraud. In another separate instance, a notary was condemned after a fraudulent RIB transmitted via email led to the theft of €96,400 during a real estate purchase. In that case, the notary was ordered to pay €48,000 to the affected client.
These legal precedents emphasize the systemic risks associated with transmitting sensitive banking information via email, as hackers can intercept communications to deceive buyers, notaries, and banking institutions. The decisions serve as a warning to the legal and financial sectors regarding the necessity of rigorous verification protocols for high-value transfers to mitigate the risk of professional negligence.
