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Purchase
Procedure
The
procedure involved when purchasing in France is quite straightforward
and is designed to protect both the buyer and seller. Below follows
an outline of the process involved, however we recommend that you
read the Notaires’ official website for the correct guidelines
especially concerning the “tricky” French inheritance laws.
Oncean agreement has been reached both parties are required to sign a
preliminary sale contract compromis
de vente (sousseign privé).
This document forms the basis for the final sale agreement. It
commits both parties and forms a legally binding contract. The
purchaser is required to pay a deposit at this stage of up to 10% of
the purchase price. In this contract the purchaser must stipulate
whether they are buying with the aid of a mortgage and if there are
to be any additional special clauses (conditions
suspensives). At this
stage of the process the vendor must have carried out a standard
inspection of the buildings by an expert. This expert gives a report
on the condition of the wood in the structure (whether it has
termites). He also mentions if there is any asbestos or lead in the
property. In January 2007 French law was amended to include a
thermique evaluation of the living accommodation.
Often a purchaser cannot be present for the signing of the " compromis" .
In this instance it is possible to have the notaire sign on your
behalf. You will need to give the notaire power of attorney
(procuration).
Once the " compromis" has been signed by vendor and purchaser a 7 day
period of retraction is granted to the purchaser. This is a legal
requirement under French law. After the 7 day period has expired the
buyer is tied in and can only withdraw from the purchase if either,
one of the “conditions
suspensives” is not
realised, or, they lose their deposit. If during the 7 day period
the buyer wishes to withdraw from the purchase he must inform the
notaire by registered letter.
Atthis stage the notaire starts the searches. The notaire will write
to the necessary authorities and request if there are any rights of
way over the property, or if there is any outstanding loan on the
property which must be realised by the vendor. They will also
request a local report on urbanisation and flooding. If the property
has a substantial amount of land then the land is offered for sale to
the land commission. This is obligatory but is normally a formality
and any rights to purchase are usually waived. The property is also
offered for sale back to the local community. Again this is usually
a formality.
Onceall the searches have been received back (usually 10-12 weeks) and
the conditions suspensives have been met, a date is set for signing
the final Acte
Authentique. This
process takes place in front of the notaire. The final balance for
the purchase must be in the notaires hands for completion to take
place. The buyer is also requested to have insurance in place for
the completion date. Many notaires will require a copy of the
insurance certificate or an “attestation”
stating that the property
is insured. When both vendor and buyer have signed the final “acte”
the purchase is complete. All utility accounts must be put in the
name of the buyer and final readings given to the utility companies.
Foryour peace of mind, we consider it part of our service, to ensure
clients are adequately insured for the date of the Final Acte and we
will obtain competitive quotes locally. In addition we will organise
the changeover of utility accounts following completion.
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