Buying or selling French property? - Tips on how to choose the right professional adviser
Buying a property or establishing a business in any country requires thespecialist 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 common-law
countries, both vendor and purchaser 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/solicitors) are Public Officers whose main role is to draft and
execute Deeds. They are civil-servants 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 (barristers/attorneys) 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, professional 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, dual-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 solicitor.
|