French notaire convicted for negligence as buyer funds stolen
Property scam in France highlights risks of sending bank details by unsecured email after a company was scammed for €96,000
Client company scammed for €96,000 after scammers intercepted email
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The recent conviction of a French notaire highlighted the growing dangers of so-called ‘’fake bank details fraud’’, where scammers intercept emails and alter payment information.
In this case, a notaire was found partly responsible after sending bank details (RIB) to a client by unsecured email.
A fraudster intercepted the message, replaced the bank account number with their own and received a payment of more than €96,000.
The victim, a property company, transferred the funds believing the details to be genuine. The fraud was not discovered until days later, when the notaire followed up on the payment, having not received it.
Although able to recover part of the amount, €68,607.38 was lost.
The client company undertook legal proceedings against the notaire and both banks involved.
On Wednesday, April 1, a Paris court ruled the notaire had been negligent.
It found that sending bank details by a simple email, without further security checks was not acceptable, especially considering that there had been previous warnings against issues like this. The notaire was ordered to pay €48,025.17.
However, the court also held the victim responsible for failing to notice warning signs. One of them was that the email address used in the email presented an obvious anomaly. For this reason, the compensation was reduced.
The banks did not receive any penalty, as they are protected by the French Monetary and Financial Code (Articles L133-21 and L133-23), citing that once a transfer is made, the bank cannot be held liable, even if the beneficiary’s name is incorrect.
How to protect against a similar scam
These types of scams have become more frequent in France, with scammers monitoring and intercepting emails, swapping bank details with their own.
In order to protect against this, it is recommended to:
Avoid relying solely on email to send or receive bank details
Verify bank information by phone using a trusted number
Be cautious of small changes in email addresses or formatting
Avoid rushing payments, especially around weekends or holidays
Use secure platforms when exchanging financial information
