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If you are thinking of purchasing a property in France, the buying process can seem a little alien. Here, Paddy Gibbins from  Buy to Let Montpellier, gives you a step by step guide to the process.

Notaire – Their role in the property purchase

Whether you buy direct through a Notaire or you go to an agence immobilière a Notaire still has to oversee the legal aspect of the sale. The big difference in the French systems is that rather than buyer and seller using their own solicitors, the French notaire acts for the State, and thus is impartial.  In fact the Notaire is often described, rather unfairly, as an over-qualified tax collector. Some foreign buyers feel uneasy about having a single Notaire and appoint a legal adviser from they own country, specialising in French law, to advise them and check the paperwork.  This costs extra, of course.  Many of those who have done this consider it has been money well spent, while others have regarded it as a waste of time and money – it all comes down to whether the adviser finds anything worth querying or altering, and this is down to individual circumstances. Some buyers appoints a second Notaire – there is no reason why you cannot do this, and, as long as the two Notaires are able to share the work, it need not cost more, however it could lengthen an already extensive process.

The Notaire will be please to advise on specific items.  Many are very helpful to overseas buyers who may not understand all of the ins and outs. The Notaires de France organisation has a web site including a lot of useful information in English: www.notaires.fr. See also The role of a Notaire.

Compromis de vente

The Compromis de Vente is the first and legally binding stage in the property purchase process in France.  It is a written contract of sales agreement which legally binds together the seller and the purchaser.  The agreement is drafted by the Notaire.  The format may vary but all Compromis de Ventes should state clearly the key points of agreement including:

• Details of purchaser and seller – you will need to provide “Civil Status” information including your full names, contact details, professions, birth, marriage or divorce certificates, passport copy, details of ex-husbands or wives;
• A description of the property including reference and map of the plot as it is recorded in the Land Registry of the Commune (local authorities);
• The price agreed – sometimes furnishing and fittings may be negotiated as a separate amount;
• The deposit agreed – usually for a new build property 5% to be held by the Notaire;
• The circumstance under which the deposit may be forfeited;
• Some declarations by the vendor about the property;
• Some obligation of the purchaser in buying the property;
• Provisional conditions (Clauses suspensives) – these will include certain standard conditions which will be inserted by the Notaire – for example that there are no other claims to the Title or that the searches conducted do not reveal any problems.  The purchaser can request and negotiate the insertion of additional provisional conditions – for example, the seller is to service the electrical equipment or provide additional guarantees, complete the building work, obtain planning approval or a mortgage, etc..;
• Full details of provisions for legal fees and taxes;
• Various declarations by both purchaser and vendor about their ability to complete the contract;
• Statements describing what happens if either side fails to complete his part of the bargain – penalty clauses;
• The target completion date – please note this is not a definitive or guaranteed and can be changed by agreement between purchaser and seller or if the Notaire has not been able to complete his work for any reasons;
• Inventory of items to be included in the purchase price.

As purchasers it is essential that you understand every aspect of the Compromis de Vente as it is sets out all the key terms of the purchase.  It is recommended that you see an English translation or have the service of an English translation.

Note that under la Loi SRU you will be given a seven days cooling off period during which time you will be able to withdraw from the purchase without penalty.  This period runs from when you receive a copy of the signed Compromis and you will generally be given an instruction about this period and the date before which any change of mind must be communicated in writing to the Notaire.

Once the Compromis is signed the Notaire – who act for both parties under the French Law – will carry on the process of checking records on documentation regarding the property and the land.  Two or three months is generally allowed for this process but it is possible to move more swiftly of both parties are agreed and the Notaire is able to conduct documentation searches without delays.

Acte Authentique

The completion date is the date when both parties will attend the Notaire’s office to sign the Acte Authentique.  This date shown on the Compromis de vente is a target date which will allow you to plan fund transfers. However the date will need to be re-confirmed as completion draws nearer.  It is advisable to keep in touch with your agent or the Notaire to check on the progress. It is at the time of signing the Acte Authentique that the Notaire’s fees and the taxes upon purchase are due to be paid.

Paddy Gibbins is the Managing Partner of Buy To Let Montpellier. His company specialise in helping Property Investors find suitable investment properties in the South of France. Paddy also has extensive contacts with reputable Real Estate agents across the South of France. If you are visiting the South of France to view property, Paddy is excellent at developing property viewing schedules that meet your requirements. You can contact Paddy at: This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
Tel: +44 (0) 870 800 3232
Mob: +33 (0) 6 26 67 43 76
www.buytoletmontpellier.co.uk