Legal

Author: Anglo French Law - Marcel Van Peteghem

"The purchasing process

The approach in France is a simple one. When the vendor and purchaser agree on what it is that is to be sold/purchased, that is to say the estate including any furniture, outbuildings, land, etc and have settled upon a price a sale/purchase contract is deemed to have been made. The initial purchase contract referred to below is simply therefore a written confirmation of an existing agreement. It follows that in contrast to the UK, the searches are carried out after exchange of contracts. This being the case, it is advisable to gain as much information as possible prior to signing the initial contract and to ensure that the contract is made subject to conditions as regards information that can only be obtained from the searches. The vendor is obliged to provide the purchaser with certain information, for example with respect to asbestos, lead, termites, electricity, sanitation, and risks. However, the level of protection afforded to the purchaser depends largely upon the correct drafting of the initial contract and it is therefore important to have specialist advice before signing the compromis.

The legal process

General points for consideration

In this guide, we seek to provide an overview and introduction to the system of property transfer in France. British and Irish nationals encountering the French civil law system for the first time can find this confusing as they meet a number of participant individuals and organisations that are superficially similar to those that are familiar from home but that can operate very differently. Whilst not every case is similar we shall as far as it is possible attempt to introduce them in the order in which those individuals and mechanisms are generally encountered.

To begin let us address some key issues you might find worthy of consideration before embarking upon the legal process, or should you be a first time purchaser, even the search for the right property.

Although in common law terms this is putting the cart before the horse, under the French civil code it is advantageous to give serious thought to planning your estate before embarking upon a specific purchase. Under French law there are constraints that will apply to your ownership & inheritance position regardless of which particular property you choose to buy. It is therefore useful for any prospective purchaser to ask him/herself the following:

What is the purpose of the purchase? Will this be a permanent residence, holiday home, future residence, investment, or commercial enterprise?

Who is the purchaser? Are you planning to purchase in a sole name or jointly with a partner, wife or husband?

Is there a benefit in purchasing through a French property owning company?

How is the purchase going to be financed?

Is there a benefit to purchasing within a SIPP?

Who does the purchaser wish to inherit the property?

Having addressed these points and arrived at a conclusion it is then possible to set about finding your property with the confidence of knowing what needs to be achieved not only in negotiating the acquisition but in how the purchase will be structured to best suit you.

You may instruct us to help with your concerns at any stage of the purchase but we emphasize that early preparation affords the maximum flexibility and the minimum of stress leaving you free to enjoy the process and reap all the benefits from your French property purchase with confidence and peace of mind.

We are specialists in French law and French property conveyancing. We only deal with France. By virtue of our dual qualification and bi-lingual, bi-cultural experience, we can look at the system in France from an Anglo Saxon point of view in consideration of the interaction between the two systems. We are here, and if need be, there for you, safeguarding your interests.

Marcel Van Peteghem of Anglo French Law"

"About Anglo French Law:

We are not solicitors that speak French. We are an expanding specialist firm of highly qualified academic lawyers dealing exclusively with French law. Our dual legal qualifications LL.B with L P C. LL.M (U K) Maitrise en droit in Notarial law (France) DESS Private law (France), combine with our linguistic skills and experience of working within notaire's offices in France ( notaire Diplomee) where we were specifically geared to dealing with matters of French conveyancing ,company formation of all types , succession law, probate, matrimonial affairs: with specialty in the cross border elements focused upon English speaking clients from across the world. This level of qualification and experience positions us strategically to look after the interests of clients seeking advice on French legal property related matters

Marcel Van Peteghem of Anglo French Law"

Should you wish to discuss your proposed purchase in further detail with Anglo French Law, simply leave your details below and we will request one of their team get in touch.