Buying Property in the Languedoc: Legal Formalities

Property sales are strictly regulated in France. The key player is the notaire, a government official and tax collector corresponding roughly to the Public Notary in English speaking jurisdictions. The notaire is not a solicitor. He does not represent either the buyer or the seller, just the interest of himself and the state. Some are much more efficient than others, but their fees should be the same as they are regulated by law.

The agent immobiliere or the notaire willdraw up a document called a compromis de vente, identifying the parties and recording their agreement to buy and sell. It also gives details of the property (including cross references to a local map called a cadastre), the agreed price, details of the deposit required, legal encumbrances (such as rights of way),any additional fees, and the completion date. A standard clause will state that the vendor is not responsible for any defects in the property - so the onus is on the buyer to check every possible detail. Pulling a fast one on innocent Brits is something of a sport in France. If a new clause appears in you draft compromis de vente the day before signing, then you are probably being had.

A deposit of 10% is normal - paid to the notaire. The purchasor will lose his deposit if he fails to complete the sale. Fortunately it is normal practice to minimise the risk of this happening by inserting get-out clauses (conditions suspensives)- for example if clear title cannot be proved, if the boundaries are disputed or if their turn out to be undisclosed restrictions on the property. Better still from the purchasors point of view it is normal to insert a condition suspensive to the effect that if the purchasor cannot obtain a mortgage then the sale of off and the deposit must be returned. Since obtaining a mortgage is entirely in the hands of the purchasor, this is effectively a way of calling off without losing the deposit.

The notaire conducts various searches with the local authorities and the French counterpart of the Land Registry. These searches concern only the property itself. It is entirely up to you to find out about the skyscraper to be built next door, the pig farm to be cited just up-wind, the rubbish tip to be created at the end of your garden, the motorway that will pass your front door, or the wind turbines planned for your glorious view. For more about formalities, click here.