6. Local Searches when Buying French Property

No sale agreement between buyer and seller has any validity unless it is later certified (authenticated) in a deed of sale, called an L’Acte de Vente,prepared and signed by the notaire.

Although some notaires operate at a rather ponderous pace, the delay is not entirely their fault, for they are reliant on other public bodies and the seller (!) to supply them with information in response to enquiries.

Nevetheless, they are often rather poor at communication with the buyer, so do not expect them to ring you until they are ready for you to come and sign the completion papers.

If you want to know how things are going, then, as a general rule, you are going to have to chase them!

The main aspects of the verification process undertaken by the notaire that we shall examine are as follows:

1. 6.1. Capacity of the Parties
2. 6.2. Title
3. 6.3. Pre-emption Rights
4. 6.4. Planning Enquiries

6.1. Capacity of the Parties

The Notaire will want to be satisfied as to the identity of the parties and their legal capacity to proceed with the transaction.

They will, therefore, require birth and marriage certificates of all parties and also your passport.

If the seller is elderly or handicapped they may be under the protection of a court or guardian. In which case the approval of court of law or guardian will be sought before the sale can be concluded.

If the seller is married then the botaire will wish to be satisfied as to who is entitled to sell the property and whether or not the consent of both parties is required.