The Buying Process In France
The French property-buying process is very straightforward and well-regulated.
The Notaire
Once you agree a price, the actual contract process will be handled by a notaire as they are the only persons permitted by law to perform conveyancing in France.
The notaire is required by law to act impartially, and acts for both buyer and seller. This may seem strange to UK buyers but the vast majority of transactions in France are handled this way, by one notaire. It is unusual, but you are entitled to appoint your own notaire. This will not cost you any more money, as the two notaires will split the fee between them, but it can be a less efficient way of handling the purchase.
Fees The notaire charges a fee - usually about 6% - 7% of the property price. This is in addition to the price you pay the vendor. Most of the fee is tax.
The Documents There are two key documents you will need to sign to buy a property in France. The Compromise de Vente and the Acte Authentique. For the notaire to draw up the agreement you will need to provide your passport, marriage papers and divorce papers. If you're borrowing money you will also need paperwork with details of the loan.
The Compromis de Vente (first contract)
The compromis is usually the first document you will sign and sets out the main terms of the agreement between the buyer and the seller. Normally the buyer will pay a 10% deposit on signing the agreement, which is held by the notaire. The agreement has to be signed by both parties and is a legally binding agreement – the only “get out” is if one of the obligations in the Clauses suspensives (conditional clauses) is not met (e.g. you fail to get a mortgage.
The Compromis will include a date when it is expected to sign the Acte Authentique. Note that this date is not legally binding and is really used as a target date which both parties aim for. Once you have both signed the Compromis, you the buyer have a seven day cooling-off period. During this time, you can withdraw from the sale without incurring a penalty, but the seller cannot. Once the cooling-off period is over, the contract becomes binding on both parties.
Acte Authentique (Acte de Vente) - The Final Signing
At some point the notaire will advise you of the proposed date to sign the full contract – the Acte Authentique or Acte de Vente. You should be present for the signing of the completion document , but as an alternative you can arrange a power of attorney.
Surveys Surveys are not usually undertaken in France, because the profession of surveyor does not exist in the same way that it does in Britain for example. If you are concerned about certain aspects of the structure of the property you are purchasing or renovation issues you could contact one of the growing number of English speaking surveyors working in France
Lead, asbestos, termites and energy reports
These reports are grouped together in a single report known as the DTT (Dossier de Diagnostic Technique) all required by law and it is the obligation of the vendor to commission and pay for up-to-date reports to be attached to the compromis de vente.