Here are a few words and phrases, which may help you over the initial language barrier.

• ‘Notaire’ : Independent public legal officer who carries out all conveyancing for the purchase. He is empowered by the State to ensure that the transaction is performed legally and accurately. You can use the seller’s notaire to represent you upon signature of the ‘compromis de vente’ and ‘acte de vente’, or at no extra cost you can request a different ‘notaire’ to work on your behalf and in your best interests. Quercus advises you not to use the estate agent for legal advice.

• ‘Compromis de Vente’ : Legally binding initial agreement from both parties to commit to sell and purchase the property. Prepared by the ‘notaire’ and signed by both parties. At this point the buyer pays a deposit of 10% minimum of the purchase price, which remains in an escrow account of the ‘notaire’ until the final act of sale is signed, or the purchase is aborted. This 10% must be considered on top of the purchase price of the property and covers remuneration for the ‘notaire’, plus tax and stamp duties payable respectively by the buyer and seller.

It is advisable to carry out any investigative work prior to signing the ‘compromis de vente’ as this contract is binding and a professional survey is uncommon in France where it is not a condition of mortgage acceptance.

The ‘compromis de vente’:

• Describes the property, its size, and its location and plot specification
• Indicates the purchase amount, the deposit amount
• States the validity of the contract and proposed date of sale/’acte de vente’
• May include special ‘conditions suspensives’

If the buyer intends to take out a mortgage, this must be declared prior to signing the ‘compromis de vente’ and be stated as a ‘condition suspensive’ – substantive clause –, which will protect the purchaser’s interests in the event that a loan is not made available. If this is the case the deposit is returned and the sale is aborted. Other ‘conditions particulières’ including certain pre-emptive clauses may be added to the ‘compromis de vente’

• For certain properties the presence or not of asbestos, lead and termites must obligatorily be stated in the ‘compromis de vente’ and will figure in a separate report.

• There is a 7-day ‘cooling off’ period having signed the ‘compromis de vente’ during which time you may withdraw from the transaction and not be subject to any penalty.

Expect a maximum of 3 months between signature of the ‘compromis de vente’ and the ‘Acte de vente’. This is the time it will take (a) for the ‘notaire’ to conduct all necessary research concerning any environmental issues and (b) the time it will take for the purchaser to secure financial arrangements to buy the property. The latter allows a minimum of 30 days, most sellers requesting no longer than 45 days however.

If an issue is revealed which would constitute a ‘planned nuisance’ the buyer can withdraw and the deposit be returned.

Should the seller break the contract, the deposit is returned to the purchaser.

On signing the ‘compromis de vente’ you must provide passport proof of identity and a certified translation of your marriage certificate if appropriate. You will be advised of any other necessary paperwork at the time.

• ‘Emprunt immobilier’/’Hypothèque’: Mortgage : Should you wish to take out a mortgage, this must be declared at the time of signature of the ‘compromis de vente’. A substantive clause will protect the purchaser’s interests should a loan not be granted. Ensure the interest rate stated as a condition of mortgage acceptance is realistic and not so high that any Bank would grant a loan based on such a rate!

• ‘Acte de Vente’: Final contract signed by both parties at which point the property ownership passes to the purchaser and the latter pays the balance of the purchase price to the seller via the ‘notaire’. Payment is made prior to signature.

• ‘Assurance’: Insurance : The property will need to have valid insurance from the day the ‘Acte de Vente’ is signed.

• ‘Permis de Construire’: Planning permission : If you are renovating or extending your property you may have either to apply for a ‘permis de construire’ or to submit a ‘declaration de travaux’. Which of these is necessary depends on the nature and grandeur of the project. Quercus can assist you in this application and liaise with the mayor and appropriate town planning authorities once you have decided on a property. Should you be wishing to build or modify the final destination of a building you must also ensure the property has a positive ‘Certificat d’urbanisme’ – outline planning permission.

• ‘Architecte’: Architect : You are only obliged to have plans validated by an architect if the project covers more than 175 square metres. There are a number of artisans who can draw up plans without the need for an architect. Should you choose to employ an architect their fees vary on average from 3% for drawing up plans and applying for planning permission to 13% for seeing through the whole project.

• ‘Impôts’: Taxes : You will have annual Taxes foncières and Taxes d’habitation to pay on your property. The amounts of which can be obtained from the seller.

It is advisable to take professional advice concerning inheritance tax and capital gains tax in France before you sign any document. Quercus can help you arrange this.