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FRENCH PROPERTY LAW

An initial contract in French property law will be drawn up, sometimes by the Estate Agent sometimes by a notaire. The notaire, a specialist in French property law, is appointed to oversee that French property law is upheld during the property transfer.

The notaire will investigate

French property law and ownership,

any tax liabilities on the property

and registration of the title under French property law

This French property law expert is not working for you .
He is not working for the seller.

He is a government official working for the state, which is making sure it gets any money due to it and that the French property law is adhered to. French Notaries do not normally give advice on French property law as such - they are simply there to ensure the transaction proceeds according to French Property Law. This is not always the same thing as ensuring the transaction proceeds in your "best interests".

And the Notaire will not be expaining the procedure step by step to you.
Many Notaire's do not speak English, so the potential for misunderstandings is always there in those cases. All this technical legal work within French property law is being done in a foreign language, under a system with which you are unlikely to be familiar.

It is often recommended that you appoint an English speaking lawyer or Notary
to act on your behalf under French property law , as well as the Notary working on behalf of the state and appointed by the vendor.

This is not to say a notaire will try to mislead you about French property law- but your own bilingual Lawyer will mean you are given complete information as the transaction progresses

It is not unusual in Europe for one lawyer to act for both parties-
but by appointing your own French property law expert you do get to choose a lawyer you are confident with. You can expect to pay around £800 to 1300 for the services during a French property law conveyance.

Before you sign the French property law contract your lawyer must check:

the sellers title - proof they have the right to sell

that all the necessary planning permissions and building regulations are in order

that the property registration documents are in order within French property law

proof the property is free of debts/charges that could pass to you on completion

the permitted uses of the land in the area

a plan of the property showing the building and all the grounds

that you have suitable rights of access to your property

whether anyone else has rights of access or rights of entry to your land

what furnishings and fittings you are buying

whether there are any plans for major projects which may affect the property-

new roads, motorways, or airports for example.

TOP TIP

THIS IS NOT AUTOMATICALLY THE NOTARY'S JOB

You need to make clear that you would like all this undertaken on your behalf,
especially if you do not appoint your own advisor.

When your lawyer is happy that all the necessary checks necessary within French property law are complete, you sign the initial contract and pay a deposit- usually 10%

This money is payable to the Notary - not the vendor.

If you sign this contract, and [after a 7 day cooling off period] pull out you will lose your deposit under French property law.

Clauses can be inserted into the French property law contract to cover you against failure to get a mortgage, but if you do not add this clause at the initial signing , and later decide you need a mortgage you will not be covered.

If the vendor pulls out, you should be eligible for compensation of double your deposit.

The Notary will begin drawing up the final French property law contracts,
which will later be signed and exchanged, at completion.

You can give him power of attorney to act for you French property law if you cannot be present when contracts are exchanged.

A LOCAL WILL

As inheritance laws are so different in France , you really need to make a local will within French property law, which will cost about 200 euros. If you use a lawyer to oversee the conveyance, this can be drawn up at the same time.
Make sure that this will only applies to your French property.

TOP TIP
If you do it now, while you are in contact with a lawyer regularly, it will be much easier!
If you put it off, you could be leaving an expensive French property law nightmare for your family.

THE FINAL CONTRACT

When the final contract is ready, you (or the notary with power of attorney French property law) will sign. Full payment must be made. You must allow time [7-10 days] for the funds to be tranferred to France.

French property law Contracts are exchanged, and the keys should be yours.

It takes around 6 weeks for the deeds in your name to be issued.
They are kept by the Notary- but you will get a copy.

It is time to transfer electricity, water and local residence taxes, and to arrange insurance in your name.

French property law

Crack open another bottle of Champagne!
You own a home in France!

Cottage to rent in the Loire ....[this is my cottage- click to see more!]