A Guide to the Notaires Role, and the Legal Paperwork
The Notaire and Their Role
The Notaire usually acts for both parties, and is usually chosen by the vendor.
He or she has a duty to provide you with advice, but you may need to ask relevant
questions. You can have your own Notaire, as well as the one appointed
by the vendor, in which case they have to share the fee between them so it doesn’t
cost you any more, but it could extend the time it takes to complete the purchase.
The Contract – Compromis de Vente
The preliminary contract is called the compromis de vente. After you have signed
the compromis, the Notaire will begin the searches. You can include a
Clause Suspensif (suspensive condition) in the contract enabling you to withdraw
if the condition is not met successfully. For example, the purchase may be dependent
on your being granted a mortgage on the property. If the Clause Suspensif is
not met and the reason is provable, you are entitled to the return of your deposit,
but in borderline cases or if the vendor objects, you may have to bring a court
action to get your deposit back. You should be given a copy of the contract,
showing both your signature and the vendor’s.
The contract usually states that completion will take place in 60 days, but
in practice this is often extended to 90 days, due to delays with searches etc.
The seven-day cooling-off period
By law you have a seven-day cooling-off period after signing the compromis de
vente and should be given a written notification, either by hand or by
post. The notice is invalid if it is given to you before the vendor has
signed the contract. The cooling-off period starts from the day after
the date on which you receive the notice. The contract becomes binding (subject
to any Clause Suspensif and successful conveyancing) after the seven days
if you do nothing. If you are buying premises not deemed to be residential,
(notably, a building plot) you have no right of cancellation.
Searches
The Notaire carries out the conveyancing searches, but these will not necessarily
reveal any proposed development projects, other than those on the property you
intend to buy, so it's a good idea to make your own enquiries locally.
The Cadestral Plan
The Cadestral Plan shows every plot of land in the local area. A copy is kept
by the local tax office and at the office of the mairie. A search will
be made by checking the details of the land you are buying against this plan.
You should be supplied with a copy of the section of the plan covering your
property.
Land Registration
The mortgage and title deeds are entered into the register, the purpose of which
is to notify the public of the ownership of the land and of any mortgage on
it. Title does not result from registration.
The Notaire will check the register to ensure that there is no outstanding mortgage
on the property greater than the purchase price. Should that be the case,
you are entitled to withdraw from the purchase.
The Acte de Vente
The Acte de Vente (deed of sale) conveys the title to you. The deed must
be prepared by a French Notaire, whose fees and costs, totalling around 7% (including
transfer taxes of around 4.9%), are paid by the purchaser.
If, for any reason you are unable to visit the Notaire’s office in person
to sign the acte, you can give power of attorney to your estate agent or another
person to enable them to sign on your behalf.
After the Acte de Vente has been signed, it is sent for registration and payment
of the transfer duties, and returned to the Notaire, who retains it. You will
receive a certified copy, normally after about three months. You should keep
this document in a safe place as it is the title deed to your property.
Life in a French Village
Getting involved into village life is a never easy task, but there are ways
which can help ease your way into village life. Speaking the French language
is definitely one of the most important things to do. Even if you only speak
a little French, do use it and your efforts will be very appreciated. The French
love to hear the English try their language and many French people will agree
with you, their language is “tres difficile”. However, if you don’t
speak French, do learn it, even if you know only a few words or phrases, it
will be a start. Of course when you start to speak French, they will be delighted
and the French will think you are fully conversant in their language –
there will be times when you will be amazed they are talking to you, but you
have no idea of what they are staying. You must not assume that your neighbours
don’t speak any English, many French people know a little English, and
some speak English very well. The French tend to be perfectionists about their
language, but do tend to hesitate to speak anybody else’s language badly.
However, as you are an “entranger” you will be permitted to murder
their language, and they will applaud your efforts. See our everyday phrases
and how to say the French alphabet, which will be useful for spelling your name
when you are on the phone. One way of making French friends and start integrating
into the village life is to start going to the “Boulangerie and Boucherie”
at the same time each day, so you could for instance get your bread every day
at 10.00am, and perhaps visit the butcher every Saturday at 11.00am. This way
you will see the same people and you will be recognised, it is also a good way
of using your French. Purchasing “un pain” in France can take the
average person quite some time when walking in the village, stopping off chatting
to friends and acquaintances. Throughout the year, many French villages have
various fetes, lotto’s and markets, it is a good idea to become involved
in the village activities and be seen at the events.
The French Love For Food
The French are passionate about their food as they term it La Gastronomie.
There are many French dishes which are specialised to various regions of France,
one of the French famous dishes is Cassoulet and each region has their own variation
on it, but equally they are all very passionate and proud of their version.
There are so many different regional varieties of cheese to be consumed in France,
you are spoilt for choice. Camembert is France’s national cheese, but
equally there are many cheeses to choose from which could also have the title.
Producing a cheese board will not be difficult, the only difficulty you will
have is choosing what cheese to put on your board.
A Classic Cheese Board
Camembert is France’s national cheese, if there is one… It is simply
made of cow milk, and tastes far better when creamy, so let it outside of the
fridge for a few hours before serving so that you make it softer.
Brie cheese could be commented the same way.
Goat's milk cheese: this is excellent and will be the allied of most good red
wines because it brings out their flavour. Goat's milk cheese can be very dry,
fresh or creamy; prefer a medium dry one.
Ewe's milk cheese: Roquefort is our most famous, but we have many others in
France which can be hard or soft cheese. The flavour is very authentic but sometimes
too powerful for "non-initiated" people. Be aware too that it can
spoil some very good red wine for the same reason.
Cooked cheese: There will be people who love a cooked cheese on a cheese board
and you always need to have one present for those who do like it. It is not
a tasty cheese.
Fromage frais: just as above, many people are fond of fromage frais and appreciate
to have this choice on your cheese board or just by itself
after a heavy meal.
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