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House Buying Process in France
Legal Process
 - 1. Top tips
 - 2. Offer to Buy
 - 3. Sale & Purchase Agreement
 - 4. Contract Conditions
 - 5. Property Surveys
 - 6. Local Search
 - 7. Sole Ownership
 - 8. Joint Ownership
 - 9. Company Ownership
 - 10. Ownership structures
 - 11. Completion
 - 12. Fees and Taxes
 - 13. Annex Pre-Contract Enquiries
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1. Top Tips for Buying a Property in France

  • The process of buying property in France is fairly straightforward and offers you good protection. However, as a general rule, it proceeds without the appointment of a solicitor or an avocat, so you need to have your wits about you.
  • A limited knowledge of French may be worse than none at all, as it may give you a false sense of security. Unless you are fully confident that you know what is being said, get some assistance with translation
  • .
  • Make only a verbal offer. Do not sign any paperwork regarding an offer for the property with the vendor or the estate agent (least of all hand over any money), until you are in front of the notaire to process the sale and purchase contract.
  • If at all possible, appoint your own notaire to act for you in the transaction, rather than using a single notaire on a shared basis with the vendor.
  • If you are unsure whether you are paying over the odds, ask your own notaire for advice, as they will be familiar with the actual selling prices for properties in the area.
  • The notaire is not going to verify everything you need to know about the property, so it is imperative you make your own pre-contract enquiries.
  • As mortgages are comparatively cheap in France, and can offer tax advantages, you should consider buying with a French mortgage on the property.
  • If you are seeking a mortgage to buy the property it is imperative you include a conditional clause in the sale contract. You can also include conditional clauses relating to planning and other matters.
  • If the seller owns additional land or buildings adjoining the property, not included in the sale, endeavour to include a clause in the sale contract granting you the right of first refusal in the event of future sale of the property.
  • A 10% deposit is not obligatory, as a lesser sum is equally valid, so you may be able to get away with offering a lower deposit.
  • The vendor is obliged to provide a number of statutory survey reports, which you should verify with the Notaire. These surveys fall well short of a full building survey, so do not be over-reliant upon these reports.
  • The vendor is also obliged to make a number of statutory disclosures, which you should verify in front of the notaire, e.g. structural problems, tenancies.
  • Insist that any clause that exonerates the seller from 'hidden defects' is not included in, or removed from, the sale contract.
  • Establish with the vendor, and confirm with the Notaire, the fixtures and fittings that are to remain in the property.
  • If you are an unmarried couple, it is imperative you buy on a joint basis in order to protect the interests of each party.
  • If you are married then, if you wish your surviving spouse to inherit all of your estate, you should adopt a French marriage contract or buy en tontine.
  • If you are are not married, or you are buying as an unrelated group of people, then you should consider buying through a property company, called a Société Civile Immobilière (SCI).
  • The day before completion takes place visit the property to ensure all is as it should be, particularly in relation to fixtures and fittings.
  • The legal fees and taxes in connection with purchase are not inconsiderable, but there are steps you may be able to take to reduce these costs.
  • If you are buying a new property constructed less that 5 years previously, and being sold for the first time, you will pay around 21% in taxes, as well as the Notaire fees.


Next: Offer to Buy Property in France



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