French Notaires, Estate
Agents, Solicitors
Buying through a Notaire
The notaire is the independent official appointed
in France to deal with property conveyancing. It is common practice
to use the same notaire as the vendor, though you can if you wish
appoint your own. The advantage of the latter is that you would
then have access to your own notaire who would be acting soley
on yur behalf, and could advise you accordingly. The cost to you
is the same as if you were using the same Notaire as the vendor,
as the fee is quite simply shared between the two notaires.
In the case of a simple exchange then it most probably will make
little difference if you share the same Notaire as the vendor,
but if there are more complex issues that need to be addressed
then it would be a good idea to have your own notaire who can act
on your behalf. The process might, however, take a little longer.
Notaires are under a legal obligation
to provide you with complete and detailed information on the agreement
you are signing, and are generally considered to be informed, reliable,
and efficient.
To find a list of notaires click French
notaires.
Buying property through a French Estate Agent
Estate agents can act as between you and the Notaire as long as
they have a ‘carte
professionelle’. They can provide you with pre-printed sale and purchase
contracts for you to sign, although you shouldn’t forget that they are
primarily acting on behalf of the vendor, and could therefore lack the independence
of a Notaire. You should read through the contract carefully, to make sure there
are no clauses that you disagree with, and in case you might wish to add some
of your own. You should also be sure that you understand the contract fully:
there may be a translation but the accuracy is not guaranteed, and in case of
any issues the French version will be the one accepted in a French court of law.
English/French solicitors
You can if you wish use your own solicitor in your
home country, or a French solicitor, or advocat, to advise you on your property
purchase. Such legal advisors cannot undertake the actual conveyancing which
will be undertaken by the notaire (who have a monopoly), but they will be able
to advise you with the contract, taxation, and help with setting up a property
company (this last can be useful for investment buyers, developers, and buy
to rent purchasers.
If you are thinking of bringing in outside legal advice make sure
that the company you employ have professional indemnity insurance
(PII), which covers the provision of legal and tax advice on French
property transactions.
|