Buying or selling French property? - How to choose the right professional
0 Comments Published by Brendan on Wednesday, October 01, 2008 at Wednesday, October 01, 2008.
Buying or selling French property? - How to choose the right professional
adviser
Buying a property or establishing a business in any country requires the specialist legal assistance of
highly-trained, qualified professionals suitably experienced in such matters. Investors require clear,
impartial advice prior to, and during, the purchase process, to avoid costly mistakes. In most commonlaw
countries, both vendor and acquirer instruct their own legal professional to act in their interests, yet
many French property purchasers fail to insist on having their own adviser. Why is this? Often, because
they have been purposely misled (being told that it is the norm in France) or they allow themselves to be
carried away on a wave of false promises. It is not just permitted to have your own legal advisor, it is
highly recommended.
Notaires (notaries) are Public Officers whose main role is to draft and execute Deeds. They are civilservants
who have a monopoly on documents that must be authenticated by Deed, i. e. wills, marriage,
contracts, document dealing with transfer of real property, and conveyancing. Notaries often act for both
buyer and seller, which can potentially give rise to conflicts of interest. Their fees, based on a fixed scale,
depend on the property's value. Notaires only get paid if a given transaction proceeds to completion.
Avocats (solicitors) are equally highly-trained professionals and similarly authorised to accomplish the
same as a notaire, plus further to the notaire, if things go wrong, they can represent a client in Court.
French notaires are generally very courteous and competent, but there are situations where customers,
especially non-French speakers, are experiencing difficulties: they are either being overcharged for a
service, or simply left in the dark with no answer whatsoever to their queries, delays occur etc... In most
cases, that situation leaves foreign customers with very little recourse against the notaire concerned.
There are distinct advantages of using the services of a bilingual, qualified French solicitor:
- You are assured that a qualified and experienced legal professional is really looking after your
interests;
- Not only an independent solicitor is obliged to comply with strict professional standards, but he will get
paid regardless of where and from whom the buyer buys;
- Where a difficulty arises, your solicitor can liaise with the notaire on your behalf and, if the matter does
not get resolved, write to the notaires' local Law Society and lodge a formal complaint on your behalf. As
a last resort, your solicitor can cancel the sale, reclaim your deposit and/or damages, and even sue the
notaire in question for negligence where applicable;
- A qualified French lawyer established in France officially acts for you when corresponding with French
Notaries, local authorities, banks, etc. whereas correspondence originating from law firms based outside
France do not have the same efficiency and credibility...
As always, it is advisable to prevent this from happening if possible: involving your own French solicitor
from the outset can, in the end, save a lot of money. If problems do happen, do not wait until matters
have gone worse before consulting an independent French lawyer.
Fabien Cordiez is a dual-qualified Franco-British solicitor
http://www.solicitor.fr
adviser
Buying a property or establishing a business in any country requires the specialist legal assistance of
highly-trained, qualified professionals suitably experienced in such matters. Investors require clear,
impartial advice prior to, and during, the purchase process, to avoid costly mistakes. In most commonlaw
countries, both vendor and acquirer instruct their own legal professional to act in their interests, yet
many French property purchasers fail to insist on having their own adviser. Why is this? Often, because
they have been purposely misled (being told that it is the norm in France) or they allow themselves to be
carried away on a wave of false promises. It is not just permitted to have your own legal advisor, it is
highly recommended.
Notaires (notaries) are Public Officers whose main role is to draft and execute Deeds. They are civilservants
who have a monopoly on documents that must be authenticated by Deed, i. e. wills, marriage,
contracts, document dealing with transfer of real property, and conveyancing. Notaries often act for both
buyer and seller, which can potentially give rise to conflicts of interest. Their fees, based on a fixed scale,
depend on the property's value. Notaires only get paid if a given transaction proceeds to completion.
Avocats (solicitors) are equally highly-trained professionals and similarly authorised to accomplish the
same as a notaire, plus further to the notaire, if things go wrong, they can represent a client in Court.
French notaires are generally very courteous and competent, but there are situations where customers,
especially non-French speakers, are experiencing difficulties: they are either being overcharged for a
service, or simply left in the dark with no answer whatsoever to their queries, delays occur etc... In most
cases, that situation leaves foreign customers with very little recourse against the notaire concerned.
There are distinct advantages of using the services of a bilingual, qualified French solicitor:
- You are assured that a qualified and experienced legal professional is really looking after your
interests;
- Not only an independent solicitor is obliged to comply with strict professional standards, but he will get
paid regardless of where and from whom the buyer buys;
- Where a difficulty arises, your solicitor can liaise with the notaire on your behalf and, if the matter does
not get resolved, write to the notaires' local Law Society and lodge a formal complaint on your behalf. As
a last resort, your solicitor can cancel the sale, reclaim your deposit and/or damages, and even sue the
notaire in question for negligence where applicable;
- A qualified French lawyer established in France officially acts for you when corresponding with French
Notaries, local authorities, banks, etc. whereas correspondence originating from law firms based outside
France do not have the same efficiency and credibility...
As always, it is advisable to prevent this from happening if possible: involving your own French solicitor
from the outset can, in the end, save a lot of money. If problems do happen, do not wait until matters
have gone worse before consulting an independent French lawyer.
Fabien Cordiez is a dual-qualified Franco-British solicitor
http://www.solicitor.fr
French Law - New time-limitations in French civil matters
The standard legal time-limit, which until now was 30 years, has been reduced to 5 years pursuant to the French Time Limitations Act of 17 June 2008.
Accordingly, personal civil actions or legal actions relating to movables are now becoming barred after five years.
Liability claims directed against individuals who represented or assisted the parties in court (advocates) are time-barred within five too (Article 2255 of the Civil Code). In business matters, article L 110-4 remains unchanged and the time-limit is reduced to 5 years instead of 10. Legal Actions regarding real estate are barred after 30 years from the day the holder of a right knew, or should have known, the event(s) allowing him to exercise his or her right. The limitation period required to acquire property through simple possession remains 30 years, but whoever acquires in good faith and holds a valid Title acquires property after 10 years only new Article 2272 of the Civil Code). Liability arising from an event which led to an injury, e.g. RTA, shall be time-barred 10 years after the date the victim’s injuries are stabilised. Where the victim’s injuries are worsening, such time-limit does not start until the day the victim’s worsening has fully stabilised.
Author: Fabien Cordiez, French lawyer and UK solicitorhttp://www.solicitor.fr
The standard legal time-limit, which until now was 30 years, has been reduced to 5 years pursuant to the French Time Limitations Act of 17 June 2008.
Accordingly, personal civil actions or legal actions relating to movables are now becoming barred after five years.
Liability claims directed against individuals who represented or assisted the parties in court (advocates) are time-barred within five too (Article 2255 of the Civil Code). In business matters, article L 110-4 remains unchanged and the time-limit is reduced to 5 years instead of 10. Legal Actions regarding real estate are barred after 30 years from the day the holder of a right knew, or should have known, the event(s) allowing him to exercise his or her right. The limitation period required to acquire property through simple possession remains 30 years, but whoever acquires in good faith and holds a valid Title acquires property after 10 years only new Article 2272 of the Civil Code). Liability arising from an event which led to an injury, e.g. RTA, shall be time-barred 10 years after the date the victim’s injuries are stabilised. Where the victim’s injuries are worsening, such time-limit does not start until the day the victim’s worsening has fully stabilised.
Author: Fabien Cordiez, French lawyer and UK solicitorhttp://www.solicitor.fr
