THE PURCHASE PROCESS
1 - To secure a purchase, you will have to sign a first
sale agreement, called "compromis de vente"
2 - After signing, you will have 2/3
weeks to pay the deposit (usually 10% of the price)
to the notaire's bank account, using a euro cheque or
a bank transfer.
3 - When the compromis is also signed
by the vendors: according to the French law, you will
have 7 days to cancel without any reason, and without
losing your deposit.
4 - This 7 day period start on the
day when you will have received the signed compromis
by registered mail.
5 - After that period, you will organize
your financing with our bank or any other bank .
6 - Then, if the bank refuses your
mortgage, the sale will be cancelled and your deposit
will be returned to you, without any penalty.
7 - If you cancel the "Compromis"
for other reason than 3 and 4, you will lose the deposit
, which will be paid to the vendor.
8 - The "notaire" can contact
you, and ask for more details. He will make you sign
the final act, about 2 or 3 months after the signature
of the "Compromis". (Or more than 3 months,
if you ask for a longer delay).
9 - To sign the act : you will have
to organize the transfer of the rest of the price +
the notary fees , to the "notaire's" office
.
Then you can go to the "notaire's" office
and sign, or you can ask a power of attorney to ask
the "notaire" to sign on your behalf. That
power must be asked during the process, must be signed
with a solicitor who will have the "apostille",
or to the French embassy.
Le Compromis de Vente ? The promise of sale
When you have found your property and the terms of the
sale are agreed, you will lodge a deposit with the "Notaire"
and sign the "Compromis de Vente". This is
a commitment between the buyer to buy, and the vendor
to sell. It is very difficult for eachpart party to
pull out after signing this agreement without forfeiting
the deposit. The "compromis" includes full
details of the buyer, seller, the property, proposed
means of purchase etc. It also lays out any "clauses
suspensives" - essentially get-out clauses agreed
by both parties, making the sale dependent upon, for
example, the granting of a mortgage or planning permission.
The buyer pays the remaining 90% of the property price
on the day of the final purchase. Signing a Promise
of Sale with a Notaire provides another advantage to
the buyer if the purchaser happens to die during the
proceedings, an insurance contracted by the "Notaire"
will enable his heirs to finalize the purchase or lose
the safety deposit, up to 500,000 French Francs under
specific conditions.
For the above mentioned reasons, it is very important
for foreign investors to rely on a Notaire at the beginning
of the transaction.
L'Acte Authentique de Vente ? The final sale
agreement
Once the Promise of Sale has been signed, all the commitments
of the parties are fixed. The "Notaire" must
then collect various documents, such as property titles
and mortgage documents to verify that all the paper
work is in order. Collecting the documents and verifying
them may take up to three months. This delay may be
shorter, but it may still seem long to many foreign
buyers. This time period is extremely important because
it serves as insurance for the Final Sales Agreement.
After the "Notaire" has collected all the
documents, the Final Sales Agreement is signed. It is
an authentic contract and is almost undisputable in
court. Litigations on such contracts are very rare,
unlike litigations concerning contracts not prepared
by a "Notaire".
How are the Contracts Secured ?
The "Notaire" is deemed a Public Official
with powers delegated by the State to authenticate the
deeds he drafts and provides complete security to the
contracts he supervises.
AFTER COMPLETION :
After the completion if you need any
help we are still here :
- To find an insurance for your new
property
- To open a bank account
- To supervise your renovation with local builders
- Get internet or cable TV access…
And for any other request.
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