new enquiry - French Notaires
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sjpt303
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- Joined: Fri 13 Mar 2015 16:59
new enquiry - French Notaires
Hello there, newbee here.
Am writing this frtom Dorset, England.
Interested in buying near Ceret /Sorede area, and have a whole list of querstions relating to 'how does one do this in France'?
So to begin with, I need a good fair and impartial solicitor - a Notaire I understand, who will represent my best interests and not the other party. How does one find a Notaire who will charge fair prices, do the work quickly and efficiently and make sure all the legal requirements are met? I also would like to ask is there an equivalent to the Law Society in France that governs Notaires - how they operate, hopefully weed out any fraudulent activity and make sure the Notaire one chooses is bone fide and safe to deal with when the time comes to transact the property financials.i.e. do a reference check on the particular Notaire ...to check them out!
Beyond that, I have many questions relating to land/property purchase and would appreciate members comments on what to look out for - and to avoid the pitfalls!
Hopefully, if I can do the homework first, then the plan would be to move down to France in the coming year.
look forward to hearing back from friendly members!
many thanks,
SJPT303
Am writing this frtom Dorset, England.
Interested in buying near Ceret /Sorede area, and have a whole list of querstions relating to 'how does one do this in France'?
So to begin with, I need a good fair and impartial solicitor - a Notaire I understand, who will represent my best interests and not the other party. How does one find a Notaire who will charge fair prices, do the work quickly and efficiently and make sure all the legal requirements are met? I also would like to ask is there an equivalent to the Law Society in France that governs Notaires - how they operate, hopefully weed out any fraudulent activity and make sure the Notaire one chooses is bone fide and safe to deal with when the time comes to transact the property financials.i.e. do a reference check on the particular Notaire ...to check them out!
Beyond that, I have many questions relating to land/property purchase and would appreciate members comments on what to look out for - and to avoid the pitfalls!
Hopefully, if I can do the homework first, then the plan would be to move down to France in the coming year.
look forward to hearing back from friendly members!
many thanks,
SJPT303
Good Life
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Owens88
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Bonne Courage as they say.
Notaires do not regard you as their primary client. They may even work for both sides but their primary role is to make sure that the state gets its taxes. They don't even feel a need for dligence on title.
Estate Agents in France never had the notional discipline of the 'Property Misdescriptions Act' that had a temporary existence in the UK.
HOWEVER I am sure that there will be good experiences from this forum.
Cheers
J
Notaires do not regard you as their primary client. They may even work for both sides but their primary role is to make sure that the state gets its taxes. They don't even feel a need for dligence on title.
Estate Agents in France never had the notional discipline of the 'Property Misdescriptions Act' that had a temporary existence in the UK.
HOWEVER I am sure that there will be good experiences from this forum.
Cheers
J
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Helen
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Hi, welcome to the forum! It sounds like you have an exciting time ahead.
Re notaires, as they usually act for both buyer and seller, when I bought my flat nine years ago, I used a specialist UK based solicitor. It's certainly not essential, but it gave me peace of mind. (He acted on my behalf, dealing with the notaire)
This article on the site gives you a quick heads up on the difference between the two countries
http://www.anglophone-direct.com/Indepe ... -in-France
Re notaires, as they usually act for both buyer and seller, when I bought my flat nine years ago, I used a specialist UK based solicitor. It's certainly not essential, but it gave me peace of mind. (He acted on my behalf, dealing with the notaire)
This article on the site gives you a quick heads up on the difference between the two countries
http://www.anglophone-direct.com/Indepe ... -in-France
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GrahamC
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- Joined: Sat 25 Oct 2014 21:43
We are just about to complete on a house in the Vallespir. Next week. Both sides use the same notaire. So far I have been very impressed with him. He's youngish, thorough, fair and personable - he even speaks English!
I haven't felt any pangs of anxiety not going for a solicitor.
He's based in Amelie/arles
I haven't felt any pangs of anxiety not going for a solicitor.
He's based in Amelie/arles
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Ariègeoise
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Property purchase isn't seen as adverserial here in France so it's normal for the same notaire to act for both seller and buyer - usually the notaire appointed by the seller. It's perfectly possible for a buyer to appoint their own notaire, in which case fees are shared by the two, though there's not really any point.
What you'll need to remember is that the notaire isn't really acting for you, the buyer, nor indeed for the seller - they're acting for the handover of title, and their job is to make sure Procedures Are Followed (aka taxes are paid
). So don't expect them to carry out planning searches, or property searches beyond the basics required by law, like risk of flooding and other natural catastrophes - that's your job!
Bonne chance, and enjoy the times ahead!
What you'll need to remember is that the notaire isn't really acting for you, the buyer, nor indeed for the seller - they're acting for the handover of title, and their job is to make sure Procedures Are Followed (aka taxes are paid
). So don't expect them to carry out planning searches, or property searches beyond the basics required by law, like risk of flooding and other natural catastrophes - that's your job!Bonne chance, and enjoy the times ahead!
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alan
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When we bought there was only one notaire involved and he was recommended by the selling agents but we were reasonably comfortable because we felt that it was a very straightforward transaction in which the sellers were, incidentally, also English.
However, the most comprehensive book in English on the subject ("French Property and Inheritance Law: Principles and Practice" by Henry Dyson 2003) says:
"There can, therefore, be only one rule to follow in all cases in which those used to the Anglo-Saxon (English) system are involved. Each party should be separately represented by his or her notaire in all cases where there is or may be a conflict of interest. Parties have an absolute right to their choice of notaire and nothing can override this right...the notaires involved split the fee".
Some people may recall the sad case which appeared on this forum a short time ago involving a sale where the purchaser refused to complete. In that case, there was only one notaire who seemed to bend over backwards to ensure "fairness" to both sides! Incidentally, an English solicitor was involved advising the sellers but that didn't seem to do much good.
However, the most comprehensive book in English on the subject ("French Property and Inheritance Law: Principles and Practice" by Henry Dyson 2003) says:
"There can, therefore, be only one rule to follow in all cases in which those used to the Anglo-Saxon (English) system are involved. Each party should be separately represented by his or her notaire in all cases where there is or may be a conflict of interest. Parties have an absolute right to their choice of notaire and nothing can override this right...the notaires involved split the fee".
Some people may recall the sad case which appeared on this forum a short time ago involving a sale where the purchaser refused to complete. In that case, there was only one notaire who seemed to bend over backwards to ensure "fairness" to both sides! Incidentally, an English solicitor was involved advising the sellers but that didn't seem to do much good.
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Santiago
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I think the question has been mostly answered but I loved the ironic comment "I need a good fair and impartial solicitor ... who will represent my best interests and not the other party."
I've bought 3 times using the same notaire. Once she worked just for us but the other two times she worked for both parties. I think the game in France is to get all the wrinkles sorted out, using the estate agent as go-between, before the first contract is signed. The Notaire, who's a public servant, acts to make sure that the sale goes through smoothly and both sides conform to the laws. They are not, like in the UK, an agent used to try to screw a bit more money out of the other party.
In two of my purchases we dealt with the same family and it was clear to me that when we used the same Notaire, she got annoyed with the other party's argy-bargy. So it was nice to have someone telling the seller what they had to do
I would not bother employing an English solicitor. They don't generally understand the law here, have no authority and will just cost you money.
I've bought 3 times using the same notaire. Once she worked just for us but the other two times she worked for both parties. I think the game in France is to get all the wrinkles sorted out, using the estate agent as go-between, before the first contract is signed. The Notaire, who's a public servant, acts to make sure that the sale goes through smoothly and both sides conform to the laws. They are not, like in the UK, an agent used to try to screw a bit more money out of the other party.
In two of my purchases we dealt with the same family and it was clear to me that when we used the same Notaire, she got annoyed with the other party's argy-bargy. So it was nice to have someone telling the seller what they had to do
I would not bother employing an English solicitor. They don't generally understand the law here, have no authority and will just cost you money.
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