|
Frequently asked Questions
Q: Who are the parties that
will be involved?
A: We will obviously be involved, as will the vendor and also the Notaire
who is responsible for drawing up the contracts and doing the searches.
Q. What is a notaire?
The process of buying a property in France is rather different from that
of the UK. The most fundamental difference is that if you’re buying
houses in France then it is the norm for neither party to have a solicitor.
That’s not to say that you can’t appoint a solicitor if you
want to, of course you can, it’s just that in place of a solicitor
a “Notaire” is used.
A Notaire is a government registered official who acts neither for the
buyer or the seller, but for the contract. That is to say that he is there
to oversee the proceedings and ensure that everything is above board and
as it should be. It will be the Notaire who will draw up the contract.
The Notaire will attend to the various formalities and searches in the
same way as a solicitor conducts searches in the UK to confirm that the
property is suitable for sale. The Notaire is empowered by the government
and is a collector of taxes on their behalf. Usually he acts for both
buyer and seller. The purchaser pays his fees.
Part of the Notaire’s duty is to obtain three
certificates in order to be able to finalise the sale of the property;
1. The “Certicicat des Hypotheques” This is an extract from
the French government mortgage registry and will declare whether or not
there are any outstanding loans on the property. If he finds any outstanding
loans, the Notaire must either repay the loan in full out of the proceeds
of the sale before paying the vendor, or, if he believes the monies have
already been repaid, sort out the discrepancy before being able to issue
the clearance certificate.
2. The “Certificat d’Urbanism”. This is issued by the
Mairie (Town hall) confirming that the house is what it should be i.e.:
a house rather than a factory or hotel. It also confirms the planning
aspects of the property and whether there are any rights of way or something
similar that relate to the sale.
3. The “Certificat de Pre-Emption”. In nearly all French villages,
the Mairie has the legal right to purchase any property that is being
sold. This could be enforced if they feel that the property would be useful
for use a government building or to extend a school, or even to demolish
it to create an open space
Q. Will I have to pay a deposit?
A. A deposit is normally required. It will usually be 10% of the purchase
price and is payable to the notaire.
Q. Will there be a survey?
A. Surveys are not common practice in France and, if you require one to
be undertaken, this will have to be done during the 7 day cooling off
period.
Q. What happens after the signing of the first contract?
A. The notaire undertakes all the searches, contacts administrative and
other bodies and completes the formalities necessary for the sale to take
place, including checks on the title to the property. He will also be
responsible for ensuring that any checks that are necessary (e.g. termites)
are undertaken. We will liaise with the notaire, to find out if there
is anything adverse revealed during this process and we will keep you
fully informed of progress throughout.
Q. When does ownership of
property pass to me?
A. You will sign a deed in front of the notaire and the ownership of the
property will pass with this signing. You will take possession of the
property immediately afterwards.
Q. What happens if I don’t understand what is happening during the
signing in the notaire’s office?
A. It is possible for us to use an English speaking Notaire or have a
translater there for you during the meeting. An option we find works best
is to employ a local English solicitor who you will probably have taken
advice from in any event, he is fluent in French and is then able to advise
on both legal aspects as well as language. In addition, we are always
at the meetings with you to assist wherever possible.
Q. How long does the purchase process take?
A. Normally, it takes three months from the signing of the first contract
to the signing of the deed. It can and does longer where there are complications
of inheritance and boundary issues.
|
