The French legal system is very different to the UK’s and when purchasing a property in France it is strongly advised that you obtain expert help in order to avoid costly mistakes. At Tees Law, a fully bi-lingual French lawyer, Hervé Blatry and his team can provide all the support you need to guide you through the purchase, and also address issues relating to French inheritance and succession.
Yes. French Notaires have a monopoly on property transactions in France and they ensure the transaction proceeds according to the regulations. The Notaire will be responsible for registering property transfers and collecting any taxes relating to property sales that are due to the French state.
French vendors may use their own local Notaire with whom they have an existing relationship, and it is very possible that this would not be in the buyer’s best interest, as although in theory, the notaire is supposed to be impartial and act in the interest of both parties, this is not always the case in practice.
The role of a Notaire is not to specifically protect the interests of either vendor or purchaser, but he simply executes the property transfer. Also, the Notaire is often only instructed after signature of the first contract, prepared by an agent, at which stage it is too late to change anything and the Notaire is bound to draft the final deed of sale based on and in compliance with the terms of the first contract. It is therefore important to seek independent legal advice, in order to receive guidance and representation before anything is signed. This is also particularly important as the documentation will be in French, and the French process is very different to that in the UK.
Sign nothing until you have sought independent legal advice. You might be put under pressure to sign the compromis de vente (initial contract) and told you risk losing the property if you do not sign. In this case you can e-mail or fax us the compromis de vente for us to give you an initial report.
If you do sign without seeking advice, and then need to withdraw from the purchase, you risk losing your deposit and even being forced to buy the property in France. The way to protect against this is to include specific opt out clauses in the Compromis de Vente, but these need to be very carefully drafted and accepted by the vendor and notaire.
The property will not automatically be transferred despite the UK divorce agreement. It is essential that the property is “conveyed” to the new owner with the assistance of a French notaire. The notaire will need to have sight of the divorce settlement (translated into French) and formalities will need to be followed in France to ensure the transfer is completed.
If you have French assets, it is advisable to have a French Will, as a UK Will usually does not satisfy the French legal requirements. In France, certain heirs have automatic rights of inheritance which must be respected and a surviving spouse does not automatically become the legal beneficiary of property in France in the event of the death of the other spouse. A French will is advisable for anyone who owns property in France and should to be written with the help of someone who understands French succession law.
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