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Buying Property in France

The first thing that will strike you when you embark upon your search for your idyllic Gallic retreat is the amount of information on a property you are provided with. We are fully aware that two lines and a couple of photos is not what you are used to with UK estate agencies but, in France, everything is different.

The information you see is the information as we receive it from our partners in France. Should there be properties you are particularly interested in viewing, we are able to request further information and/or photos.

In order for us to compile a selection of properties meeting your requirements we strongly suggest you use our Registration Form, giving as much detail as possible.

Once you have received your selection (usually the same day by e-mail) we will be in touch to establish whether any of the selected properties appealed to you and whether you wish us to organise viewings of the said properties along with other corresponding properties that may not be on our website. Should none of the selection be attractive to you we will, at your request, regularly update you as to new properties until you are ready to travel to France for viewings.

From this point on we will assist you throughout the whole procedure until completion and beyond if need be.

As we receive our commission directly from our partners in France, Select French Homes finds it unnecessary to charge their clients. All our services are therefore totally free and the prices of the properties completely unaffected. You will pay the same price for a property by using our services as you would if you acted directly with the agents or developers in France. Below you will find a step by step introductory guide to the procedure of purchasing a property in France.

 

Viewing

Once we have organised appointments for you to view selected properties, it's time for you to meet our partners. Our partners are all professionals and will be fully informed of your requirements. Along with the properties you have personally selected to view, they may propose further properties that may have recently become available and that they believe to correspond to your wishes.

Most of our partner agencies have at least one English speaking member of staff but should you at any time encounter communication difficulties, don't panic. We will almost always be available at the end of the telephone to help out with translation.

Furthermore, you may be asked to sign a "Bon de Visite". This is an internal document for the agency's records, listing the properties you will be viewing and you should sign it. It does not commit you to anything and is usually comprised of three copies, one for the vendor, one for the agency and one for yourself(ves).

 

Negotiating

Once you have found your idyllic Gallic retreat you may wish to make an offer at a lower price than the one indicated. Our partners will be able to guide you and advise you as to an offer that can be reasonably expected to be accepted and you can make your offer either directly to them or through Select French Homes, should you prefer. We or our partners will endeavour to obtain the best possible price for you. Please note that the final price generally includes the agency's commission but rarely includes the Notaires fees (comparable to our stamp duty).These fees are between 7% and 10% depending on the price of the property, except if the property is less than five years old and is being sold for the first time, in which case the fees drop to around 3% as the property is still subject to the "Régime de la TVA" or VAT.

Once you have agreed on the final price (which will be in €uros), time is of the essence and you will rapidly be presented with a document known as the "Compromis de Vente" which is a preliminary contract. This will be drafted, in most cases, by the agency but can also be drafted directly by a Notaire in which case its name becomes a "Projet d'acte".

 

The "Compromis de Vente" or "Projet d'acte"

The reason for you being presented so rapidly with the "Compromis de Vente" is that the majority of properties on the market in France can be on the books of more than one agency and the property goes to the purchaser who signs first, such is the binding nature of this document.

Although there is rarely cause for concern, it is at this point that many British buyers in France submit the compromis to the scrutiny of a UK law firm dealing with French legal matters. It may be wise, should you choose this option, to instruct a firm before you find the property so that they, too, can act rapidly when needed. Select French Homes have a number of tried and tested firms that we can recommend to you.

Our partners will usually be able to obtain a delay of a few days in order for you to send or fax the document for examination.

Once you have been reassured that the contents of the compromis are satisfactory you can proceed in signing. There are usually as many originals as there are distinct parties involved, generally four, one for the vendor(s), one for the purchaser(s), one for the Notaire and one for the agency.

You will also be asked to pay a deposit, usually 10% of the purchase price and for which you will receive a receipt.

The compromise should contain:

  • The vendors full details.
  • The purchasers full details (Your passport(s) will probably be photocopied).
  • Full details of the object of the purchase.
  • The origin of the property. (It may not be possible to complete this part immediately as the necessary information is contained the "Titre de Propriété" or Title Deed often to be found in the archives of the Notaire who handled the last sale of the property but will be included in the final act).
  • Various declarations from the vendor concerning easements, tenancy status,etc.
  • A declaration concerning the presence or absence of asbestos. The corresponding certificate should be annexed. Further certificates concerning termites and, if applicable, lead must be provided by the vendor by completion.
  • The price.
  • The approximate Notaires fees.
  • The agency's commission.
  • The projected date for the signing of the final act. (Generally three months from the signing of the compromis but this can be lengthened should it be agreed upon by both parties, but rarely shortened).
  • The indemnity sum owed should one of the parties break the contract. (Usually 10% of the purchase price).
  • The "Clauses Suspensives". The contract becomes null and void should one or more of these conditions not be realised. The main condition concerns the obtaining of a mortgage. You will be asked to give details of the amount you intend to borrow, the length of the mortgage and the maximum interest rate. You will also be asked to provide proof of mortgage applications and offers from banks within a maximum delay of usually 30 days.
  • Should you not intend taking out a mortgage, you will be asked to hand write a declaration to this effect. This does not stop you from subsequently taking out a mortgage but not obtaining it will no longer be considered as a clause suspensive.
  • The two other standard clauses suspensives concern serious easements and the "état hypothécaire" which states that the vendors must not have more debts covered by the property than the purchase price. Should this be the case, the sale cannot go through unless the purchaser pays the difference before the date of the final act.

You are able to add to these clauses suspensives any number of your own clauses particulières or conditions that must be fulfilled in order for the sale to go through. The vendors, of course must agree to these conditions and they can include such things as obtaining planning permission, the authorisation to transform outbuildings into living quarters, the permission to run a business, the right to build a swimming pool, etc.

 

Cooling off

Once the compromis has been signed you have a seven day cooling off period which begins the day after you were first presented with the signed document. This can either be in the agency's office if you are still in France for the signing (In this case the agent will ask you to sign a declaration stating that you received the document on that day. This is called an "Accusé de réception en main propre").

Otherwise you will receive your copy by recorded delivery. The cooling off period will begin the day after the delivery even if you weren't at home to receive it. During this period you can pull out of the transaction for any reason whatsoever and the agency or the Notaire has 21 days to refund your deposit.

 

The Notaire

The Notaire is an independant official who's role it is to collect taxes on behalf of the fiscal authorities and to ensure that the documents transferring ownership of property are in order. All conveyancing in France has to be handled by a Notaire (although there is an ongoing campaign to extend this right to solicitors). He does not act on behalf of either party but acts as an impartial intermediary for both parties during a French property transaction. Most of our partner agencies will suggest the appointment of a local Notaire with whom they are used to collaborating but you have every right to appoint a second Notaire, should you wish. This would have no effect on the Notaires fees as the two Notaires would split the sum. The downside to this is that, from experience, the appointment of two Notaires tends to slow down the procedure.

 

Waiting

Once the seven day cooling off period has come to an end and you have not changed your mind, the agency will send the compromis to the appointed Notaire and he will begin all the necessary searches to ascertain that there are no obstacles to hinder the transaction. This procedure usually takes around three to four months but this can be accelerated should there be no mortgage involved.

During this time you, too, will be busy and we and our agents will once again be available to help you in any way we can. You will need to organise your mortgage, if applicable, and open a bank account near to the location of your new property. The mortgage funds will be transferred into this account and even if you are not taking out a mortgage it is still practical to have a current account in France in order to pay your monthly bills, etc.

 

Completing

When the Notaire has completed his searches and various formalities he will call for the full purchase price (Or the balance if it is he who is holding your deposit) plus all legal fees plus a further 1.5% of the mortgage sum, where applicable. Make sure to transfer the balance into your French bank account well in advance as this procedure can be surprisingly long.

A date will then be set for the signing of the final act, L'acte authentique. Our agency will be present at the signing and although it is common practice for both the vendor(s) and purchaser(s) to attend, this may not be simple for you. You can, in this case, sign by power of attorney or "Procuration". This document will be sent to you in good time and your signature will need to be authenticated by a notary public or a solicitor and, in some cases, may even require authentification at the French Consulate or the Foreign and Commonwealth Office in London, of the solicitor's signature!

This document empowers a designated third party to sign in your place. (A friend in France or, more commonly, one of the Notaires clerks).

Once the Acte Authentique has been signed and you have officially become the owner(s) of your Gallic retreat it can take up to six months for your Title Deed to become available to you. Should you need proof of ownership; the Notaire will draft you an "Attestation de Propriété" to this effect.

 

Taxes

There are two taxes attached to the ownership and occupation of property in France and they are both payable in arrears around October/November and are both considerably less onerous than what you may be used to in the UK.

La Taxe d'Habitation (Council Tax) is payable by the occupant on the 1st January of each year. If you have purchased a holiday home, there may be ways of being allocated a reduced rate. The same applies to the obligatory insurance "Assurance Multirisques Habitation", by the way.

La Taxe Foncière (Land Tax) is payable by the owner and, when a property is sold, apportioned on a pro rata temporis basis. For example, should you purchase a property on 16th August you will be liable for the land tax from that date until the 31st December. There are two ways of doing this. As this tax fluctuates (as it does in the UK), but only by very small amounts, you may wish to pay a sum based on the previous year's invoice to your vendor on the day you sign the Acte Authentique and let him pay the total tax for that year. (It is the vendor who will receive the invoice, as the change of ownership will only come into effect the following year) Or, if you wish to be more precise, you may wait until the vendor receives his invoice around November and calculate the sum at that point.

 

What now?

We at Select French Homes and our partner agents can now help you tie up the loose ends by organising for utilities (gas, water, electricity) to be transferred to your name and setting up the necessary direct debits to pay your monthly bills. If you are not moving permanently to France, make sure there is always enough money in your French account to pay these. Your new home will also need to be insured. You may wish to just take over your vendors existing insurance that usually runs for about a month after the transfer of ownership, or organise an alternative insurance. In either case, we are sure we can be of assistance if necessary.