6. Local Searches when Buying French Property

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

6.2. Title Searches on French Property

The notaire will verify that the seller has good title (titre) to the property.

The process of verification will establish whether or not there are other persons with an interest in the property, or there are any charges outstanding that must be repaid as part of the sale process.

The existence of other interests in the property cannot always be entirely verified by a check on the deeds as there are other methods by which such interests may arise.

Accordingly, the law provides legal recourse for the buyer after the sale, in which the seller is liable to pay up to twice the sale price to the buyer if legitimate third party interests in the property are later discovered.

Where third party creditors are discovered during the investigation into title then the botaire will arrange for these creditors to be paid from the proceeds of the sale. If the amounts are greater than the sale proceeds then completion cannot take place, unless the notaire is satisfied that the seller has other funds available.

In the case of an apartment the Notaire will undertake checks to establish the position on the payment of communal charges.