chaletdoctors.com - the definitive guide to the property buying process in the french alps

The buying process

The French property-buying process is straightforward, but it can still be nerve wracking because of its unfamiliarity, especially if you don't speak French. This is where Chaletdoctors will help. We will accompany you on every property viewing, assist you in the negotiations with the vendor and attend the appointments with the notaire once the decision to buy has been made. We will be on hand to assist you with every step of the process and will answer all your questions.

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All  prices listed against properties on our website include agency commission.  
As a partner to a French immobilier chaletdoctors markets French alpine property to the English speaking global market.
The actual conveyancing is handled by a notaire, they are the only persons permitted by law to perform conveyancing in France.  For this they charge a fee to the buyer which is generally between 2.5 and 8% depending on the property itself.  the notaire is required by law to act impartially and acts for both buyer and seller.  If you feel unsure about this, you are entitled to appoint your own notaire.  This will not cost you anymore money as the two notaires will split the fee between them.  Alternatively, you can take independent legal advice from a lawyer however they cannot actually handle the property transaction for you, they can only act as an advisor.  Their fees will be an additional cost.
Before deciding to buy a property in France it is as recommended that you determine how much you have to spend and if a mortgage is required, get one in place beforehand   Don't forget you will need a French bank account too.  Please see the relevant section for assistance with this.
Buying the house
 * Once you have decided on a property you like, you will need to make an offer and we will advise you if the owner is open to negotiation.  If accepted by the vendor your offer will then need to be formalised in writing in a document called an offre d'achat (sometimes known as the promesse d'achat).  
 * You will need to provide your passport, marriage papers and divorce papers. If you're borrowing money you will also need paperwork with details of the loan.
* The next step will be to sign a compromis de vente which is a legally binding document but beforehand chaletdoctors will obtain the plans of the property and its land (cadastral plans). We will also advise you of your boundaries and rights of way across your land, etc. 
How long does it take? The whole process should take two to three months from making the offer to signing the final contract, but this depends on whether you require a mortgage and your clauses suspensives.
The compromis sets out the main terms of the agreement between the buyer and the seller and has to be signed by both parties.
To be in a position to sign it the vendor has to obtain reports on lead, asbestos (depending on when the property was built) and an energy efficiency report and a natural risk assessment (i.e. flood, avalanche, earthquake).  The seller pays for this.
For you to be in a position to sign it you must have lodged your deposit with the notaire.   Usually about 10 per cent of the net purchase price.  Once you have both signed the compromis, you the buyer have a seven-day cooling-off period. During this time, you can withdraw from the sale without incurring a penalty, but the seller cannot.
Once the cooling-off period is over, the contract becomes binding on both parties. Therefore it is CRUCIAL that you do not sign the compromis lightly.
From this point on, if you withdraw from the sale, you could lose your deposit, unless it is for one of the reasons listed in your clauses suspensives.
Clauses suspensives permit you to withdraw from the purchase under certain circumstances. A standard reason reason will be if you are unable to obtain finance (although you should arrange this beforehand)  Or it might be obtaining outline planning permission.  But you need to discuss these clauses very carefully at the time of making the offer as this could be grounds for refusing your offer if the vendor feels they are unacceptable to them.
Surveys are not usually undertaken in France, although surveyors do exist. 
You will need to take legal advice on French inheritance law, which is radically different from British law. You cannot, for instance, just leave your house to whomever you please - surviving relatives are entitled to shares of the property in descending order and the tax implications can also be painful for anyone who is not an immediate relative.
For the final signing you will need to have transferred the balance of your payment to the notaire's account in plenty of time for the signing date. Missing the deadline CAN mean you lose both the house and the deposit.
Arrange to view the property on the day of the signing. The final contract has a clause saying 'sold as seen on signing date', so you need to know that the property is exactly as you expect it to be, and not with floors, walls or windows missing!
You should be present for the signing of the completion document if at all possible. If you aren't able to attend, you can arrange a power of attorney.

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