House legal stuff...

[Roverload]

Hello all. I'm off looking at houses again next week. I'm really excited about one of them and hoping it's everything it apears to be. My French is pretty terrible so i'm looking for recomendations for someone who can look through contracts etc. The house is in Brittany but i'm not fussed if they aren't local.

Many thanks in advance.

Ian

[ClaphamGT3]

Your agent should, if they are any good, be able to point you in the direction of a good English-speaking French notaire.

One of the (few) benefits of the bureaucratic French system is that both at Signature of the comprimis de vente (exchange) and at completion, the notaire sits both parties down, reads the contracts and searches line by line and answers any questions in person.

Also, the French Legal system is very skewed in favour of the purchasor.

We have a very good English speaking notaire in the Dordogne if you really want a recommendation but I'm sure you'll find someone nearer

[Roverload]

I'm not dealing with any agents, I've gone direct to the notaires as you get the true price rather than an inflated for foreign buyers price. The reason I ask is the notaire dealing with the property I'm most interested in barely speaks English. I may see if I can aquire the services of a translator for the day if worse comes to worse.

[Roverload]

Yes please do send me his details. Many thanks.

Ian

[ClaphamGT3]

Roverload said:

I'm not dealing with any agents, I've gone direct to the notaires as you get the true price rather than an inflated for foreign buyers price. The reason I ask is the notaire dealing with the property I'm most interested in barely speaks English. I may see if I can aquire the services of a translator for the day if worse comes to worse.

French property contracts are pretty straightforward and tightly regulated, so the opportunity to get stitched up is pretty slight. I happen to think that you're slightly misguided not to use an agent. A good one will more than earn their fee and, given the current state of the French property market, no one is inflating property prices

[smifffymoto]

Just because you are buying from a notaire doesn't mean you can't appoint your own.Also if you get a notaire whom is used to dealing with English buyers he will also advise on wills etc as it is very different than the UK.

Maitre Louton in Eymet is very good.

[ClaphamGT3]

The poster above makes a good and important point. French inheritance law is very different to English and you will need to set your will up in a very particular way to achieve a situation equivalent to the UK. This is particularly the case if you are married with children

[smifffymoto]

Or even more pertinant if you are divorced and remarried.Also the common mistake held by Brits is the recent ruling that your UK will can take precedence over your French will,it can't and won't.
My notaire is the go too guy for many notaires with regards to English clients,he has been to Paris on many occasions to try to clarify the UK will position only to return with no definative answers.

[magooagain]

OP you may want to have a look at Anglo-info website. Choose which French region you want to look at. In that site you will find translators offering thier services and possibly also a Notaire or 2 that are fluent in English.

[Roverload]

Thanks for the replies, much food for thought. I have looked into French inheritance law, i resigned myself to the fact that I will have to go by their laws. On a brief side note. Could this be circumvented by helping my children to buy their houses later in life? Or are there issues surrounding cash gifts etc. I have the luxury of not being married to my Mrs and the likelihood of that happening is pretty slim.

I will digest this info and get researching before the off! Exciting times!

[smifffymoto]

I am by no means qualified to give advice but when I sorted out "stuff" regarding inheritance France was the most tax efficient for beneficiaries by some margin.
Property on the other hand is not.The law states who gets what percentage of it.If you have no blood relatives and leave it too a mate,you have saddled him with a 60% tax bill of the property value.

Seek professional advice before you sign anything.

Is this a holiday home or permanant move?

Edited by smifffymoto on Thursday 12th January 14:52

[magooagain]

Smiffy makes a good point.

Myself and mrs Magoo are not married and I have 2 children from when I was married.

To protect everyone Mrs Magoo and I are paxed which will save her or myself a 60% tax bill on ones death.
Alongside the Paxed agreement we have made a French will each.

It must be noted that we have no investments in the uk. And also all investments were mine before I met mrs Magoo.

If she walks she gets nothing as I understand it.
But if I die before her she gets a third share and the right to live in the house for the rest of her life,but if she sells then the kids get the other 2 thirds.

Edited by magooagain on Thursday 12th January 16:12

[smifffymoto]

Your partner and children get 1/3 each.Your partner can't sell as it isn't solely her decision.Your children could buy her out or she could buy them out,as I understand it.

Why the French can't reform alot of Napoleonic is beyond me,it would bring things into the modern times and reflect the structure of many families.

[magooagain]

I think the inheritance law works well(for the French).
Where I live a lot of people leave home to spend thier working life in big cities and therefore tend to rent.

They inherit or part inherit and that gives them something to retire back to.

I Allways have to remind myself that French people think about wealth and property totally different that Brits etc.

We Allways seem to be looking to better our houses etc,not so over here in my opinion.

[Roverload]

smifffymoto said:

I am by no means qualified to give advice but when I sorted out "stuff" regarding inheritance France was the most tax efficient for beneficiaries by some margin.
Property on the other hand is not.The law states who gets what percentage of it.If you have no blood relatives and leave it too a mate,you have saddled him with a 60% tax bill of the property value.

Seek professional advice before you sign anything.

Is this a holiday home or permanant move?

Edited by smifffymoto on Thursday 12th January 14:52

We're hoping it will be a permanent move eventually, my other half is still at uni so we have to wait a few years before seriously making a go of it. Until then it will be a family and friends getaway. I'm looking forward to long summers there.

[paulwirral]

magooagain said:

I think the inheritance law works well(for the French).
Where I live a lot of people leave home to spend thier working life in big cities and therefore tend to rent.

They inherit or part inherit and that gives them something to retire back to.

I Allways have to remind myself that French people think about wealth and property totally different that Brits etc.

We Allways seem to be looking to better our houses etc,not so over here in my opinion.

Your 100% correct there , whenever I do something to my holiday house all my neighbours ask me is why . They always say it's very nice as it is so why would I work and spend money on it when I could take it easy and spend the money in restaurants, I'm starting to think they have a very good point !