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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!

 

 


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