Legal Advisors` Support for Buying Property in France
In the entire process of buying property in France a notary officer acts for both the parties concerned in the majority of cases. So if you are not a real specialist in the sphere of property for sale and you don`t want to regret your new purchase later or just overpay you should better appoint an avocat in France or a solicitor specializing in property and inheritance matters in your homeland to give you a proper piece of advice concerning the whole buying process. Of course, the avocat does not hold the same rights and independence as the notary officer does, but he still may help with pre-contract enquiries or some taxation issues. What is more, if you don`t know French then using a home based solicitor is a good way out for you, and if the transaction is not complex there will be even enough to engage a local interpreter because it is much cheaper, but if you’ve decided to save some money by this route then make sure that the interpreter knows the fundamental aspects and principles of the whole process of buying property in France. Anyway, at least some legal support will never hurt, so just decide whose services you want to employ: of your own avocat, solicitor or just a notary officer.
Find here a list of English speaking Lawyers in France
But chalk up that quite often the notaire`s help is not enough, however competent he may be, and you need additional support, especially dealing with some complex transactions (for example, when the purchase is organized through a French property company).
So sometimes it is hardly possible for you, as for a vendee, to take the decision concerning the property for sale without a proper advice of the person who acts only for you in the entire buying transaction. And here you may meet a lot of advocates who operate outside of French jurisdiction and were not certified by French legal authorities. So before appointing the solicitor you had better make sure that he has registered to operate in France and has a base in this country, not outside of it. In this case company`s having only French subsidiary without any asserts is not enough at all, so do not set great store by such a company. Of course, later you may sue them in your country of citizenship. But regarding the whole process of buying a house, apartment or land in France do not forget that French property transaction can`t be modified or annulled by the English court of law. In case you want or need to do it you have to pursue a separate action in the court of France.
It`s unquestionable that there are different codes of conduct for solicitors who deal with international issues, and if you are not satisfied with their services you may easily complain of them to Law Society – their professional body. But it doesn`t provide you with the reparation of damage to the full. So in case you meet professional negligence or dereliction of duty you need to pursue two separate actions both in the French court and the one in your home country at the same time. And if you decide to appoint a French avocat then in the case of his professional negligence you may easily take out a process in the French court.
Therefore, when there is some property for sale you want to get in France and some home based solicitors warn you of the possible dangers and difficulties of the transaction you may be faced with if you don`t use their services, you had better ask at first about their guaranties in case you`re given some misadvice by them.
So firstly, before taking your final choice concerning the solicitor, you should be satisfied that this or that home based layer holds PII (professional indemnity insurance) which will protect him if he does something unprofessionally and grants protection for the financial consequences of his professional negligence.
Secondly, make sure you`ll have records of all the meetings or a written confirmation of the solicitor`s advice. And in general you had better think carefully if you really need the solicitor`s professional support because it costs quite much.
For the foregoing reasons, if you have questions or need any additional information or legal assistance while buying property in France you have three officials to address who are pretty professional in the sphere of property for sale: your own notary officer (if the transaction is not complex), a home based solicitor or just a French avocat.
If you are thinking of buying or selling a property in France, this should be an exciting time for you. But dealing with French legal matters can be extremely complex, adding unnecessary stress to your situation.
At Ashton KCJ dedicated team of French property solicitors will help you work through the legal issues and contracts. the whole legal process and also liaise with Notaires, estate agents and other relevant contacts on your behalf. They are also able to recommend and refer you to estate agents based throughout France, the team have been working with over the years to establish trusted and reliable working relationships.
In-depth knowledge of French inheritance law and tax, as well as the subsequent implications on your UK estate. Understanding and acknowledge family issues and the English implications of French property ownership.