Thursday, 5 May 2016

French Legalities - Or.. What have I just signed?!



In France the house buying process is probably more simple in some ways than in the UK. You negotiate a price, the notaire issues an Acte de Compromis document to say that you have agreed to buy this house at this price and attached to it come various reports – not surveys, they’re a different thing altogether and not automatically part of the buying process. 
The reports include such things as a termite report, a report on lead content in the house, a report about asbestos, a report on the fosse Septique (septic tank to you and me - unless you've only ever lived in a town or city in which case welcome to the world of no mains drainage) and woodworm/capricorn beetles/deathwatch beetles report! There are more but I wouldn't want to frighten you off!! Oh and they're all in French so get used to using Google Translate (other translation programmes are available) or a French/English dictionary. Unless of course you speak the language fluently - sure wish I did!
In the Acte de Compromis will be a completion date. Once you sign this document you are legally bound to buy the house, have to pay 10% deposit which you will lose if not completed as per the date or if you change your mind and pull out and have agreed the final completion date. Once you’ve agreed the date it’s a fixed point in time and you can’t just say, sorry I haven’t completed on the sale of my house so we can’t complete on this one! That’s how we’ve ended up with two mortgages!! Be wise and be careful. I’m told that some notaires will put a clause in to the compromis that this is subject to the completion of your own house sale, but it is not guaranteed and generally only if the vendors agree!
On the other hand the Acte de compromis also protects the buyer so read it carefully, make sure it says what you want it to say, including listing anything that’s being sold as part of the deal and their value, and once you’ve signed it then look forward to your future in France…
We’ve only been here a couple of weeks and believe me when I say we are loving, loving, loving the new lifestyle!

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