The French property-buying process is more straightforward than that in the UK, but it can still be nervewracking because of its unfamiliarity, especially if you don't speak French. The most important issue to bear in mind is that the sale becomes binding much earlier in the process than in Great Britain — gazumping is not generally a problem.
Where to buy
French properties are sold in a variety of ways: privately, via notaires (notary public) or via estate agents (immobiliers). The majority of British buying in France buy via estate agents, as this is a more familiar process and you are more likely to encounter someone who speaks English, but you should be aware that estate agents handle only about 50 per cent of all property transactions in France. If you want real bargains, you'll need to go through a notaire, auction or private sale, but in these cases, it's a good idea to take independent legal advice.
Prices
The prices displayed in a French estate agent's window should include the agent's fee of around 4-10 per cent of the property price (the price should be followed by the letters FAI if this is the case). However, it may not include the notaire's fee. If in doubt, ASK!
The prices displayed in the notaire's window will not include the notaire's fee, so you need to add on an extra 2.5-8 per cent (see below).
When you are considering a property, always ask if the price quoted includes all fees and taxes and if it does not, ask for an estimate of how much extra you might expect to pay. When you are quoted a fee separately rather than as part of the total cost, don't forget to add on 19.6 per cent for VAT.
Estate agents
When you choose an estate agent, make sure they are a member of a registered body such as FNAIM (www.fnaim.fr), SNPI (www.snpi.com) or UNPI (www.unpi.org). This information should be visible somewhere in the office. Do not use an estate agent without visiting their office and viewing the setup — don't just arrange to meet in a car park somewhere.
Estate agents are allowed to charge what they like in terms of fees, but it is likely to be between 4 and 10 per cent of the 'net' property price (the cheaper the property, the higher the percentage). ASK what the fee will be and whether the property price includes both estate agent's and notaire's fees. It is usual among estate agents familiar with British buyers that the price you are quoted for the property includes ALL fees and you will not be hit with anything extra, but you MUST make sure of this before you sign anything.
The notaire
About 15 per cent of property sales in France are handled directly by notaires, but even if you are buying through an estate agent or privately, the actual conveyancing will still be handled by a notaire as they are the only persons permitted by law to perform conveyancing in France.
The notaire charges a fee — usually between 2.5 and 8 per cent of the 'net' property price (again, the cheaper the property, the higher the percentage). You must add this fee on top of the property price if you are buying directly through the notaire, but it may be included in the price if you buy via an estate agent. However, CHECK that the fee is included — it's better to be safe than sorry.
The notaire is is required by law to act impartially, and acts for both buyer and seller, but if you feel unsure about this, 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. Alternatively, you can take independent legal advice — although a lawyer cannot actually handle the property transaction for you, he or she can certainly act as an advisor. If you appoint a lawyer, you will have to pay their legal fees on top.
Buying the house
- Once you have decided on a property you like, contact the agent.
- Double-check the fees and pricing.
- If you need professional translation, remember to add the fees on top.
- Draw up your clauses suspensives (see below) — criteria under which you might be able to withdraw from the sale.
- Make an offer, following your estate agent's advice — they should be able to tell you how low you can go without causing offence.
- Make sure you see the plans of the property and its land (ask to see the cadastral plans) before you agree to make an offer — you must be sure of your boundaries, rights of way across your land, etc. A competent agent or independent legal advisor should be able to handle this for you.
- The agent will now contact the vendor and submit your offer.
- 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.
How long does it take?
The whole process should take three or four months from making the offer to signing the final contract.
The compromis (first contract)
The compromis is usually the first document you will sign, though you may also come across the 'promesse d'achat' if you are making an offer below the house price. The 'promesse' shows the vendor your commitment to buying at the offered price.
The compromis sets out the main terms of the agreement between the buyer and the seller and has to be signed by both parties.
You may need to obtain reports on termites (depending on the area), and lead and asbestos (depending on when the property was built). If the reports are mandatory, the seller usually pays; if they are your choice, the buyer usually pays.
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. Therefore it is crucial that you do not sign the compromis lightly.
You now pay your deposit — usually about 10 per cent of the net purchase price. From this point on, if you withdraw from the sale, you could lose your deposit, unless it is for one of the reasons listed in your 'clauses suspensives'.
Clauses suspensives
Clauses suspensives permit you to withdraw from the purchase under certain circumstances. Typical reasons might include: not being able to obtain finance, or having a request for outline planning permission refused. You need to discuss these clauses very carefully with your agent or lawyer at the time of making the offer.
Searches and surveys
Once the compromis is signed and the deposit is paid, you will need to transfer your money into Euros. Then begin the searches on the property, including ownership, land boundaries and rights of way.
Surveys are not usually undertaken in France, although surveyors do exist. Discuss the options with your estate agent.
You will need to take legal advice on French inheritance law, which is radically different from British law. You cannot, for instance, just leave your house to whomever you please — surviving relatives are entitled to shares of the property in descending order and the tax implications can also be painful for anyone who is not an immediate relative.
The final signing
You need to transfer the balance of your payment to the notaire's account in plenty of time for the signing date. Missing the deadline CAN mean you lose both the house and the deposit.
Arrange to view the property on the day of the signing. The final contract has a clause saying 'sold as seen on signing date', so you need to know that the property is exactly as you expect it to be, and not with floors, walls or windows missing!
You should be present for the signing of the completion document if at all possible. If you aren't able to attend, you can arrange a power of attorney.







