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Buying Property in France |
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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.
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| Viewing |
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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).
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| Negotiating |
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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".
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| The "Compromis de Vente" or "Projet d'acte" |
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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.
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| Cooling off |
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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.
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| The Notaire |
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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.
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| Waiting |
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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.
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| Completing |
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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.
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| Taxes |
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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.
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| What now? |
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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.
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