Some useful information for house hunters in Poitou Charentes

First steps : Compromis de Vente
The thought of buying a house in France may seem like a daunting prospect at first. In reality it is a quite simple procedure completed within 3 months. So let's presume that you have found the dream cottage (one of ours, we hope), or the 16th century manoir, or the old farmhouse........and after a heated discussion (and several glasses of pastis) with the agent and the owner, you agree on a price. The agent will then draw up a "Compromis de Vente". This is a preliminary (binding) reciprocal agreement which fixes the price and confirms both parties accordance, the estate agent presents you and make you sign the asbestos attestation (for house built before 1997), lad attestation (for house built before 1948 and woods attestation (termites, long headed beetles, woods worms (sector determinate by the French administration)). It is worth noting at this point that all the prices quoted by Residences du Poitou include our agency commission but not Notaires fees & taxes (unless otherwise stated). Notaire's fees. After signature of the compromis you are required to pay a deposit of 10% which is placed in a "frozen" account with the Notaire and the property is then taken off the market. Then the estate agent sends you the compromis by recorded delivery letter, to begin the right-to-cancel period (7 days).

Intermediary period: Searches etc.
You've signed the compromis, paid the deposit and the ball is in motion. When you get back home you will need to send copies of your birth (and marriage) certificate to the Notaire for him to draw up the deeds. It is at this time various searches are carried out relating to the freehold of the property and local development schemes. If, the French Urbanism Administration doesn’t give the agreement, the sale is cancel and your deposit reimburse. This is also the case if you have stipulated that a mortgage is required for the purchase. A special clause is written into the compromis to protect the purchaser in the event that no loan offer is forthcoming. You are, however, required to furnish written proof from the credit organization in order for your deposit to be refunded. If, for any reason, the vendor breaks the contract, all moneys are returned and the vendor may be liable to pay compensation up to an amount equivalent to the deposit. In our experience, it is rare for "hiccups" to occur and the vast majority of transactions are completed smoothly and without any problems.

The role of the Notaire : Acte de Vente
The big day has arrived and you are now sat in the office of this respectable French personality you've heard so much about; the Notaire. Unlike our solicitors/lawyers, the Notaire is a state official and represents neither the purchaser nor the vendor. The Notaire oversees the transaction in accordance with French law and collects the taxes due to the state. He charges a fee for his services which is fixed by the state, with stamp duty and other purchase taxes the "frais de Notaire" may reach 5 to 10% of the total purchase price. The balance is paid to the notaire, who pays the owners and our commission, and the "Acte de Vente" is read aloud by the Notaire who signs with both parties giving his guarantee to the transaction. It is at this moment that the property changes hands and you become the proud new owner. Unpack the cement mixer, the hedge trimmer and the Champagne!

! ! ! Welcome in France ! ! !

Other points : More info
It is important to note that other costs may be incurred before your purchase is completed. These would include "frais de geometre" (land surveyors fees) when boundary changes are involved e.g.. buying part of an adjoining field.

If you require a mortgage to purchase your property you will have to pay the inevitable bank administration fees and the deeds are specially registered at the "Bureau d'Hypotheques" which incurs an extra charge.

The equivalent of a surveyor does not really exist in France and it is unusual for architects to be called upon to provide detailed reports (although they rarely refuse to de so!) You may be tempted to employ the expertise of a local builder or Maitre d'Oeuvre for his opinion on the structural soundness of the property.

From the moment you sign the final deed you are responsible for the insurance of the buildings which must include 3rd party liability. You also become responsible for paying local rates (taxes d'habitation & taxes fonciere), paid annually in arrears, the local rates are usually considerably less than in the UK and vary from commune to commune.

Don't be surprised if you walk away from the Notaire's office with just a key and a sollicitor’s notaire’s attestation. All is in hand and the documents are sent to the land registry office for authentication. Your copy will be ready for collection in 4/5 Months. In fact you don't even have to be in France when the acte is signed! You may opt to complete "par procuration" (power of attorney) and appoint a representative, usually the agent or the notaire's clerk, to sign on your behalf. Please note that the Notaire requires the balance moneys before completion. You can't turn up on the day with a cheque.....although it does happen!

For property sales involving more than 1Ha (2.471 acres) of land, the Notaire is obliged to inform the S.A.F.E.R. (Societe d'Amenagement Foncier et d'Etablissement Rural). This is a governmental body with the right of pre-emption over the sale. They are more concerned with large tracts of agricultural land and rarely intervene with private sales. If pre-emption occurs the compromis is deemed null and void and all deposit moneys are returned.