| France
Property Buying Process (excerpt
taken from the Guide)
1. Introduction
The French property-buying process is more
straightforward than in the UK, but it can still be nerve-wracking
because of its unfamiliarity, especially if you don't speak
French.
French properties are sold in a variety of
ways: privately, via notaries (notary public) or
via estate agents (immobiliers). The majority of
British buying in France buy via estate agents, as this is
a more familiar process and you are more likely to encounter
someone who speaks English, but you should be aware that estate
agents handle only about 50 per cent of all property transactions
in France. If you buy through another channel, for instance,
through an auction, a notaire, or a private sale, it’s
a good idea to take independent legal advice.
2. Prices
The prices displayed in a French estate agent's
window should include the agent's fee of around 4-10 per cent
of the property price (the price should be followed by the
letters FAI if this is the case). However, it may not include
the notaire's fee. If in doubt, ASK!
The prices displayed in the notaire’s
window will not include the notaire’s fee in
general, so you need to add on an extra 2.5 – 8% (see
below).When you are considering a property, always ask if
the price quoted includes all fees and taxes and if it does
not, ask for an estimate of how much extra you might expect
to pay. When you are quoted a fee separately rather than as
part of the total cost, don't forget to add on 19.6 per cent
for VAT.
3. Estate Agents
When you choose an estate agent, make sure
they are a member of a registered body such as FNAIM (www.fnaim.fr),
SNPI (www.snpi.com)
or UNPI (www.unpi.org).
This information should be visible somewhere in the office.
Do not use an estate agent without visiting their office -
don't just arrange to meet in a car park somewhere.
In France Estate agents are allowed to charge
what they like in terms of fees, but it is likely to be between
4 and 10 per cent of the 'net' property price (the cheaper
the property, the higher the percentage). ASK what the fee
will be and whether the property price includes both estate
agent's and notaire's fees. It is usual among estate
agents familiar with British buyers that the price you are
quoted for the property includes ALL fees and you will not
be hit with anything extra, but you MUST make sure of this
before you sign anything.
For more information about buying property
in France, get
the France Buying Guide!
4. The Role of the Notaire
About 15 per cent of property sales in France
are handled directly by notaries but even if you
are buying through an estate agent or privately, the actual
conveyancing will still be handled by a notaire as
they are the only persons permitted by law to perform conveyancing
in France.
The notaire charges a fee, usually
between 2.5 and 8 per cent of the 'net' property price - again,
the cheaper the property, the higher the percentage. You must
add this fee on to the property price if you are buying directly
through the notaire, but it may be included in the
price if you buy via an estate agent. However, CHECK that
the fee is included - it's better to be safe than sorry.
The notaire is required by law to
act impartially, and acts for both buyer and seller, but if
you feel unsure about this, you are entitled to appoint your
own notaire. This will not cost you any more as the
two notaires will split the fee between them. Alternatively,
you can take independent legal advice: although a lawyer cannot
actually handle the property transaction for you, they can
certainly act as an advisor. If you appoint a lawyer, which
we recommend, you will have to pay their legal fees over and
above the other costs.
5. Buying your house
- Once
you have decided on a property you like, contact the agent.
-
Double check the fees and pricing.
-
If you need professional translation, remember to add the
cost of this.
-
Draw up your clauses suspensives – these
are the criteria under which you may be able to withdraw
from the sale.
-
Make an offer following your estate agent’s advice
– they should be able to tell you how low you can
go without causing offence.
- Make
sure you see the plans of the property and its land (ask
to see the “cadastral” plans) before
you agree to make an offer. You should be sure of the boundaries,
rights of way across your land etc. A competent agent should
be able to handle this for you.
-
The agent will now contact the vendor and submit your offer.
-
You will need to provide your passport, marriage or divorce
papers and, if you are borrowing money, you will also need
paperwork with details of the loan.
6. How long does it take?
The whole process should take 3 or 4 months
from making the offer to signing the final contract.
7. The “compromise”
(first contract)
The compromise is usually the first
document you will sign though you may also come across the
'promesse d’achat' if you are making an offer
below the house price. The promesse shows the vendor your
commitment to buying at the offered price.
The compromise sets out the main
terms of the agreement between the buyer and the seller and
must be signed by both parties.
You may need to obtain reports on termites
(depending on the area) and lead and asbestos checks (depending
when the property was built). If the reports are mandatory
the seller usually pays; if they are your choice, the buyer
usually pays.
Surveys are not common practice in France
and even banks granting mortgages will not usually commission
a survey of the type people are used to in the UK. Having
said that, you may wish to have the peace of mind a survey
provides, since in most cases the vendor is not liable for
any defects on the land or in the building after the sale
has taken place. If you do wish to obtain a survey, you should
do so before the first contract is signed. Surveys can be
expensive in France.
Once you have both signed the compromise
you, the buyer, have a 7 day cooling off period. During this
time you can withdraw from the sale without incurring a penalty
but the seller cannot.
Once the cooling off period is over the contract
becomes binding on both parties. Therefore it is CRUCIAL that
you seriously consider the compromise before you
sign!!
Now you pay your deposit: usually about 10%
of the net purchase price. From this point on, if you withdraw
from the sale you could lose your deposit unless it is for
one of the reasons listed in your clauses suspensives
(see below).
At this stage we highly recommend that you
contact Smart Currency Exchange - Just call 0808 162 0102
(free phone) or visit the website at: http://www.SmartCurrencyExchange.com
Smart will help you through the whole process. You can obtain
the best current rate of the day - far far better than any
bank or 'reserve' your currency at today's rate for a purchase
in the future.
For more information about Buying in France,
get
the France Buying Guide!
8. “Clauses suspensives”
“Clauses suspensives”
permit you to withdraw from the purchase under certain circumstances.
Typical reasons might include not being able to obtain finance
or having a request for outline planning permission refused.
You should discuss these clauses carefully with your agent
or notaire at the time of making the offer.
9.
Searches and surveys
Once the compromise is signed and the deposit paid,
you will need to transfer your money into Euros. Hopefully
you will have talked to Smart Currency http://www.SmartCurrencyExchange.com
and be all set up and ready to go!
Then
the searches on the property, including ownership, land boundaries
and rights of way begin. Surveys are not usually undertaken
in France, although surveyors do exist. Discuss the options
with your agent and email me if you would like to be recommended
to a good English surveyor in France.
You will
need to take advice on French inheritance law which is entirely
different from British law. You cannot, for instance, leave
your house to whomever you please – surviving relatives
are entitled to a share of the property and the tax implications
can also be painful for anyone who is not an immediate relative.
We can help you with this by recommending a really good lawyer
or an independant financial adviser
Please
go to: http://www.francebuyingguide.com/resources.htm
and we can put you in touch with an independent financial
advisor or lawyer that we have personally checked and are
happy to recommend.
10.
The final signing
You need to transfer the balance of your payment to the notaire’s
account in plenty of time for the signing date. Missing the
deadline could mean losing your house and deposit!
Arrange
to view the property on the day of signing. The final contract
has a clause saying “sold as seen on signing date”
so you need to know that the property is exactly as you expect
it to be. Use the snag list provided in our France Buying
Guide Worksheet section to assist you here. Get
the Guide.
You should
be present for the signing of the completion document if at
all possible. It can be done by using a Power of Attorney
drawn up by the notary if needs be but I would advise you
to be there. This is a semi formal/informal affair with the
notaire reading out the title documents in detail,
yet at the same time offering you a glass of wine! A typical
French mixture of bureaucracy and joie de vivre to
set you on your way to your new status as French home owner!
GOOD LUCK!
After
completion, the notaire will register the title deed
and this can take six months. A certified copy of the purchase
deed (expedition de vente) is then sent to the notaire
by the Land Registry who will normally keep it on behalf of
the buyer. There are no title deeds as such. If a buyer needs
evidence of his ownership he can ask the notaire
for a declaration to this effect.
For more
information on buying in France, get the France
Buying Guide!
|