S.L. 55.6 Art. 5Creditors.

(1) A notary shall not be responsible to examine the title to an immovable for the benefit of a creditor who is a party to a notarial act and in whose favour either a special privilege arises over such immovable or a special hypothec is constituted thereon.

(2) Such creditor shall have the right to instruct the notary publishing the act to examine the title to such immovable by a contract of engagement and, to the extent that these regulations are not modified, they shall apply to such contract of engagement.

(3) A notary shall not enter into a contract of engagement with a creditor if the notary is deemed to have been instructed to examine title by the transferee in terms of the Act and these regulations or if the notary has entered into a contract of engagement with the transferee to examine title to the same immovable.