Property in France: What is a notaire?
Daily Telegraph 30.08.07 by Miranda Ingram
For the original articile click this link:
http://www.telegraph.co.uk/property/main.jhtml?xml=/property/campaigns/france/nosplit/pfrancetopic18.xml
They are one of the most important links in the French property chain, both feared and revered. But have they been good - or bad - news for you, asks Miranda Ingram
A French notaire, whose office (called an étude) is identifiable by a fancy gold sign hanging outside, deals with wills, probate, house sales, boundary disputes etc. but not criminal law. A bit like a country solicitor in other words.
They still enjoy huge respect in rural France, like the Doctor and the Solicitor once did in England. Many like to perpetuate this aura of grandeur by never starting appointments on time. The notaire's job is to ensure that all legal documents signed in their presence - including your house sale - have been prepared according to French law.
In between your signing your compromis de vente (roughly equivalent to exchanging contracts) and your acte de vente or acte authentique (completion) he or she will have checked that there are no obstacles to the sale and that you have all the information to which you, the buyer, are entitled.
Generally, one notaire presides over a house sale as they are independent rather than working for one party or the other. But if you want to have your "own" notaire (if, for example, there are boundary or tenancy disputes) you are perfectly entitled to and it won't cost any more as the two notaires split the fees between them.
As with any profession, there are extremely diligent notaires and lazy notaires, scrupulously honest notaires and even - dare I say it? - those who turn a blind eye if cash has passed under the table in order to keep the official house price below a certain tax threshold.
What is your experience of French notaires? Impressed, or do you have a complaint?
Comments
Arrogant, incompetent, illiterate. We, as purchasers, used the vendor's notaire when buying and when selling. Do not do this. His stupidity sent £100,000 into cyberspace for 3 weeks. I gave him my Bank Swift Code as LOYDGB**** and he sent it off to LOYD6B****. He wrote it down, but insisted it was all my fault.
Posted by David on October 2, 2007 4:45 AM
With regard to the question posted by John Keeping if he contacts me directly via my website I will be happy to point him in the right direction.
Posted by Limousin Homes on October 1, 2007 6:47 PM
After buying ou property 18 months ago, with the help of a notaire, who spoke good english and translated all of the compromis de vente, we had need to use his services again. After concluding the business, my husband asked for the bill to be told that none would be forthcoming as he was there to answer questions and carry out general services free for a year after our property transaction!! What service.
Posted by Sue Davis on September 27, 2007 12:47 PM
My friend bought a large house, a gite and a cottage three years ago. They were purchased as a package but she recently decided to sell each seperately and of course was hit by CGT. On top of this she now finds that the boundaries described by the previous owner were incorrect and she is having to give up a sizeable chunk of her garden to the new owner of the gite.
Is there anything she can do?
Posted by John Keeping on September 18, 2007 7:28 PM
We received the compri de vente, marked it with some changes and returned it to the notaire. He returned a revised copy. When we went to his office to sign the acte authentique there were considerable changes from the compri de vente that we had not seen until the time of signature. When I objected to signing a document I had not been giving the opportunity to review the attitude of the notaire changed to one of arrogance. stating he had vetted the documents and they were ok for us to sign. When I pointed out that I required time to review the document prior to signing he left the room. As I was spending the money, whilst I appreciated his expertise, I wanted to satisfy myself. On reviewing the documents I noticed the anti-termite certificate had expired. On his return I pointed this out to him and his arrogance increased. A new certificate was obtained and signing took place.
I guess the answer is the same whether it be France or anywhere, insist on satisfying yourself. You are spending the money.
Posted by Allen Marking on September 12, 2007 5:27 PM
French notaires, generally a delightful and
entertaining bunch, are of course well versed in
French law. My advice, when asking advice from
a notaire - and this is even more true when
seeking advice from a French accountant - is to
be specific about what you want to achieve (eg
the farmer can graze his cows on that field but
never get rights over the land, my wife's second
cousin never inherits her half of this house,
whatever) and ask him or her how for the legal
solution.
Accounants, similarly, rarely volunteer advice
unasked for (as they are more likely to do in the
UK) so if you sit back and wait for them to come
up with a brilliant tax saving manoeuvre you may
be disappointed. Instead, explain your problem
and ask them to find the solution and they will
be delighted to respond to the challenge.
Posted by Miranda Ingram on September 1, 2007 6:06 PM
I work with Notaires on a daily basis and most are extremely deligent and helpful. You should also remember they are an important source of advice and can help with many issues for the overseas buyer in France, particularly inheritance issues.
Posted by Mark Russell on September 1, 2007 1:47 PM
Martyn Cleasby
Posted by Martyn Cleasby on September 1, 2007 5:36 AM
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