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Buy a property in France

So, you have found the ideal property and the seller has accepted your offer – what happens next ?

We outline below the various steps in the purchasing process but please do bear in mind that every situation is different and we will be pleased to offer advice and guide you at any point in the process to ensure that the sale goes ahead without any hitches. Even if you have read every book written on the subject, purchasing a property in France for the first time can be a daunting experience for even the most informed buyer and it is always helpful to have people around who are familiar with the system and are able to offer assistance and support.

Step 1 : The "Compromis de Vente"

The "Compromis de Vente" or pre-sale agreement is a preliminary contract which means the buyer and seller agree to the purchase of the property subject to certain conditions. This is a legally binding contract and essentailly means that "gazumping" and the general anxiety associated with  the UK system are avoided. It does, however, mean that the initial agreement should be treated more seriously as once signed it is legally binding on both parties.

The "Compromis de Vente" will often include various let out or escape clauses ("clauses suspensives") such as obtaining a loan to purchase the property, planning permission being granted, in order to protect the buyer.

The "Compromis de Vente" is prepared by the Notaire or estate agent and contains certain mandatory information. You should check all the details carefully before signing as this document is legally binding. The Notaire or agent will be happy to answer any queries you may have.

Cooling Off Period

Once you have signed the "Compromis de Vente" you have a "cooling off" period of seven days  before it becomes binding. Should you decide to withdraw from the sale during this period you must notify the Notaire by registered letter before the end of the seven days letter.

Step 2 : Preparation of the "Acte authentique"

Before the actual sale of the property the Notaire has to carry out various checks to confirm that there is nothing to prevent the sale from being completed. This generally takes between two to three months.
The main enquiries that will be made are :

  1. Checking the identities of all the parties and previous owners and the Titale Deeds of the property.
  2. Searching for any rights of way etc, which might affect the sale or use of property.
  3. A land registry check to determine whether a mortgage exists on the property and if so whether the seller will have sufficient funds to repay the mortgage.
  4. The Notaire will request  a "Certificat d'Urbanisme" from the local authorities (usually the Town Hall) to prove that no planning restrictions exist to prevent the purchase and intended use of the property.

Step 3 : Signing "L'Acte Authentique de Vente"

Once all the various checks have been made the Notaire will prepare the "Acte authentique de Vente". He will propose a date for the final signing and apply for the funds from the purchaser's bank or loan company if a loan has been taken out to purchase the property.

The Acte itself will set out all the details of the sale, including agent's commission (if appropriate), taxes, Notaire's fees and the total purchase price. You are entitled to  a copy of the draft document before signing which is useful should you wish the document to be reviewed by a third party or translated.

On the day of the signing the Notaire will read the "Acte" out loud, explain the different points and answer any queries you may have. You do no have to attend in person and can give power of attorney to a third party to sign on your behalf.

As soon as the Acte has been signed you are oficially the owner of the property and can move in.