Once
you have decided on your area of France, you need to
decide upon your budget. You may wish
to fund your purchase with a French mortgage. We
can put you in touch with our mortgage partners.
Buying a property in France
may appear to be a complex process especially if
you do not speak French and do not understand the
French legal system. We totally
understand and therefore our mission is to ensure a
smooth, stress free purchase for our clients, every
step of the way.
Once you have agreed the purchase, the next step is
to sign the compromis de vente. This is a
legally binding first contract between the buyer and
the seller. The seller is legally bound to sell
you the property at the agreed price. We will
assist you during the signing of this document.
This first contract also lays out a timescale and
this is when you pay the deposit, which is normally
10% and paid directly to the notaire (public
official acting on behalf of the French government
who draws up the final deeds, carries out necessary
searches and ensures necessary taxes are paid to the
French government and sale proceeds legally) or agent
(never to the vendor of the property!).
You are not immediately committed
to the sale as you have a 7 day “cooling off” period to withdraw
from the sale without penalty. This 7 day “cooling
off” period officially starts once both parties
have signed the compromis de vente.
If you choose to withdraw from the sale (without a
pre-agreed get out clause - condition suspensive – eg
sale dependant on planning permission being granted
or a mortgage application being approved) in the compromis
de vente, your deposit will not be returned.
The whole system works extremely
well as the seller cannot accept a higher price from
another buyer, avoiding gazumping and also prevents
the “chain” system.
Attached to the compromis de vente will
be a number of reports, which the seller is responsible
for organising via an independent expert. These
reports can include:
- Asbestos report
- Lead report (paintwork only)
- Energy report
- Gas report
- Termite report (depending on départment)
- Risk report (natural and/or technological)
- Exact square metre surface area (apartments/co-ownership
only)
Once the compromis de vente has been signed,
the deposit paid and the 7 day cooling off period expired,
the notaire then verifies all the details,
conducting necessary searches such as:
- the ownership of the property and the right to
sell the property
- any eventual rights of way or easements
- planning permissions conform if extensive works
have been carried out on the property
- land boundaries
- confirmation that local authorities, (such as SAFER)
have waived any priority rights on the sale
- in the instance of tenants, confirmation that they
have waived their priority rights on the sale
- If you are funding the property with a mortgage,
the notaire will liaise with the bank for confirmation
of the mortgage approval.
This process takes up to 2-3 months and once completed
he will draw up the Acte Authentique de Vente (final
deed of sale). We will propose a date for signing
and confirm the final balance due in order for you
to organise money transfers in time the sale to complete.
It is also important during this process to discuss
your inheritance requirements with the notaire. We
use a number of English- speaking notaires who
can advise you before the drawing up of the final deed.
You will also need to think
about property insurance, as this is a requirement
by French law that your property is insured from
the day of signing. We can also
organise this for you via one of our partner insurers
if you wish.
Acte Authentique de Vente
We strongly recommend being
present at the final signing and we will assist you
during the final signing. This
takes place at the notaire’s office. We
work with many bilingual notaires who will
read through the deed and explain the meaning of its
contents and any clarifications required are raised
at this point. (We can arrange for a qualified
translator to be present (for an extra fee) if you
feel it is necessary). You will be liable for
local taxes and usually there is a pro-rata refund
to the vendor on the day of the final signing. The notaire normally
communicates this with the final balance although sometimes
it is settled after the final signing. Once the
final deed has been signed by both parties, the notaire will
provide you with a certificate of sale to prove you
are now the legal owner of the property and, at this
point, the vendor will hand over the keys! The
full copy of the deed of sale must be registered and
published with the authorities, and this can take up
to 5 months to complete. You will receive a copy
at this point for your records.
Attending the final signing is also the opportunity
to visit the property before hand, check any items
that are to be left behind and generally go through
any equipment/utilities with the vendor
We will organise the transfer
of utility services by notifying the service providers. We can also
help you set up bank accounts, internet connections,
etc to make it as smooth as possible for you. We
consider these services as part of the sale and therefore
are included in the agent’s fee that you pay
on completion. We do not charge extra for these
services.
We do understand that it is
not always possible to attend and in which case you
can organise a power of attorney to be drawn up. We
will need to know well in advance as this will need
to be translated and witnessed by a public notary
when you sign it.
Post sale, you may need assistance
to carry out works to the property such as extension,
adding a swimming pool, converting a barn etc. We
can help you and recommend necessary “artisans” or
workman and liaise with the local Mairie, etc. We
do charge a fee for this but will agree this in advance
to cover the work involved.
As Fully approved members
of Socaf (Société de
caution mutuelle des professions immobiliere et foncieres),
you can be reassured a professional code of conduct
is adhered to in protecting the interest of our buyers
and vendors.
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