Buying A House in France - Legal Process

The offer can come in a few different forms dependent on circumstances, the agent you are dealing with and your preference.

Before we discuss the various forms of offer I think I should mention the 'Bon de Visite'. This is a form you may be asked to sign by the agent before they take you to see a property.

It is basically a promise to the agent that should you decide to proceed with a purchase that you will make the offer through them and not go off with another agent or make a private approach to the vendor (person selling the property). It does not commit you to an actual purchase.

So what are the various offer forms that can be used, below is a list of the various types of offer you may encounter: -

• Promesse de vente


• Promesse d'achat


• Compromis de vente


• Exchange de lettres


• Offre de vente


• Offre d'Achat

Promesse de Vente

This is a one sided agreement that the vendor makes in writing offering to let you purchase the property, this is a legally binding commitment to you from the vendor so that you can buy the property, once you agree to it you are also legally committed.

Promesse d'Achat

This is a one sided agreement the other way where you commit to purchasing the property but the vendor is not committed until they agree to sell.

Compromis de Vente

This is a contract signed by both parties and committing you both to purchase or sell the property.

All of the above are forms of initial sales contracts and it would be very wise to seek legal advice before signing or agreeing to any of them. They are actually precursor's to the final Acte de Vente (deed of sale) in that much of the information contained in these documents carries over to the final deed of sale and as one would expect they are normally written in French.



The legal advice is especially important when there is a need to put in any special clauses called 'conditions suspensive', these are used to protect you should there be a problem.

Typical examples are when you need to borrow money for the purchase and need an opt out should you fail to secure a loan, or if there is unreasonable rights of access over the property.

Another is if you perhaps needed to have a survey done on the property and the results were unfavorable, normally with this type of clause you get the option to withdraw or re-negotiate the price.

By the way I would strongly recommend that you have a survey done on the property using a qualified surveyor, it is not the norm in France but will give you the confidence that there are no serious problems with the property you don't know about and that could potentially cost you lot of money.

The clauses should ideally be discussed and agreed upon with a qualified solicitor working in your interests. This is because there are any number of clauses that can be added to the contract but you should be wary that too many may threaten the sale, the vendor does not have to sign if he doesn't agree or thinks you are being unreasonable.

The aim should be to get the clauses that you actually need added and not to put in clauses that are not relevant or required.

As an aside, one clause I should have added to my contract was with respect to who should maintain the property during the completion period i.e. from initial contract to deed of sale.

I bought a country property with quite a bit of land and there was no commitment by the previous owner to maintain it during the conveyancing period, so when I took ownership, you guessed it, loads of work in the garden, talk about being waist deep in lawn and yes hindsight is such a wonderful thing.

Anyway it raises the point that you have seen the property and know more about it than your solicitor so if there is something you are concerned about you should raise the issue and get it dealt with because once the contract is signed it is too late.

Exchange de Lettres and Offre de Vente

I am dealing with these together because neither really give the buyer any protection and probably should be avoided in preference to the other contract types and in consultation with your solicitor.

Offre d'Achat

This is typically used when there are a number of agents involved marketing the property and is submitted to the owner when an offer is made. This gives the owner the option of selecting the best offer. Usually this type of offer is followed by a further initial sales contract of the type discussed before and that is when adjustments can be made i.e. clauses added and the correct wording of the document.

You are legally committing to buy however and again it would be wise to discuss the document with a qualified solicitor before signing, there may be scope for adding clauses in later but it is much better to be safe rather than sorry as there may be some wording you may not be able to get out of.

The notaire is a legal representative for the government and his role is to ensure the process of selling and buying the house is done according to the strict legal guidelines that need to be applied.

He represents both the buyer and the seller equally to ensure proper processes have been followed and that all legal requirements have been met.

It is not unusual for both buyer and seller to use the same notaire but it is also possible to assign your own notaire to work with the sellers notaire. When this happens the notaires fees are split between the two and there should be no additional cost involved.

The notaire does not have to advise you on the best contractual conditions or best options for either you or the seller, thats not his primary function although he would provide advice on a subject if asked a specific question.

At additional cost the notaire upon request can provide a valuation for the property by comparing it against similar properties in the location and subsequently assessing the value of the property in question. This is an optional service but one that might well be worth considering if you are in any doubt about the value of the property you want to buy.

So what do you need to take care of: -

• Who is paying the agent


• Who is paying the legal fees and taxes


• The best inheritance clause for your circumstances


• That the necessary 'conditions suspensive' have been included


• What are the costs for the taxe foncier and the taxe d'habitation (similar to council taxes in the UK)

The agents fees in France are quite significant and it is not unusual to pay around 6% of the selling price so it goes without saying that you need to be clear on who is picking up that bill. This will be defined in the initial sales contract so needs to be decided on early in the process.

The legal fees are normally paid by the buyer.

The notaire provides a full breakdown of costs involved in the draft of the preliminary sales contract which you will agree to on signing.

He will also provide copies of the required mandatory surveys that have to be produced by the vendor in order to sell the house, these are as follows:

• Absence of Termites (only applies in areas at risk of termites and is valid for 3 months)


• Absence of lead paint


• Absense of asbestos


• Energy performance certificate


• Gas safety certificate


• History and risk of natural hazards e.g. earthquakes, flooding and or subsidence

Another important document is the 'plan cadastral' which defines the boundaries of the property and accompanies a list which defines the extent of the actual property you are purchasing.

Inheritance rules are different in France to the UK and with respect to property it is very important to make sure that the acte de vente includes the clause most suited to you and your family. There are a number of different clauses that can be used:

• en indivision (share of property passes firstly in accordance with French inheritance laws then under the terms of the will)


• en tontine (property reverts to surviving spouse)


• SCI effectively setting up a French property company (Societe Civil Immoblier)


• A marriage regime contract (not possible if you have kids from a previous relationship)


• PACS for unmarried couples resident in France (Pacte Civil de Solidarite)

Selecting the correct clause is definitely in the realm of a legal expert and I am not going to try and advise on this or explain in any more detail. The clause is included in the initial contract however and carries over to the acte de vente so make sure you have decided by the time you sign.

Once the full set of documentation has been provided, carefully reviewed and agreed to by all parties they will then be signed and a deposit paid on the property. This goes to the notaire and he holds the funds until the acte de vente (deed of sale) is ready.



After the signing there is a 7 day cooling off period during which you can withdraw from the sale. If you withdraw in this period you will recover your deposit but after the 7 days any withdrawal other than for a good legal reason covered either in the main contract or by the 'conditions suspensive' will mean you will loose your deposit and may be subject to further legal action.

So everything has been added to the initial sales contract and it has been signed, you have paid your deposit and your 7 day cooling off period has expired.

Now you are in waiting mode while the notaire completes the conveyancing process, this normally takes about 3 months but that is not guaranteed and you cannot rely on the date included in the initial sales contract for completion. It is possible and likely that this date will change for valid reasons.

You have to be patient during this period, the time for signing will eventually arrive and the 'Acte de Vente' (deed of sale) will be ready.

Before the signing can take place all the funding you are liable to pay will need to be with the notaire i.e. the balance of the purchase price, the notaire's fees and if you are paying, the agent's fees. Also beware that you may be asked for proof you have buildings insurance in place which you are obliged to do and if you haven't you will not be able to complete.

You don't have to attend the signing you can actually nominate someone else to sign on your behalf although it is more usual for the purchaser to attend. The estate agents will also be represented and there will be either the seller or his/her representative.

The notaire goes through the final acte de vente in great detail and you sign agreement on each page of the document, the lady in her maiden name.

Once this is done you own the property and you will be given the keys. Your proof of ownership at this stage will be provided in the form of an attestation by the notaire.

About 2 months later you should receive a certified deed of ownership stamped by the land registry.

It goes without saying that these documents are very important and must be kept safely.

You will need this proof for setting up services to the property such as water, gas, electricity and so on, if you have bought through an estate agent they will sometimes provide help in doing all this, worth asking anyway.

Time to crack open the bubbly, have a house warming and sort the garden out.

Here are a couple of options you can try out, for a cheap ferry crossing and a good section of toll free motorway from the port try Norfolkline from Dover to Dunkerque



Or if you prefer flying take a look at Skyscanner for cheap flights into the area, if you can get to Bristol have a look at Bristol to Montpellier, very good prices last time I looked all year around.




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