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Initial Property Purchase Contract |
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When purchasing property in France, one first signs an initial contract and
after various legal and other checks have completed, the final contract is
signed.
The initial (or preliminary) contract defines the price, terms and conditions
of the sale. As in England, the final contract is signed only after various
activities (for
example, checking land deeds, confirming that there are no debts secured against
the property) are completed. However, despite being know as a preliminary
contract, one should note that it is legally binding. Consequently, you should
only sign the contract if:
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You understand everything in the contract. This may mean that you
need to obtain a translation or may need to get legal advice. Fortunately,
there are a number of English speaking notaires that can do both for you.
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You agree with everything in the contract. Do not sign anything
that you do not agree with. Although there are 'standard' contracts, one can
make any additions, deletions or changes that both parties agree to. Just
because it is 'standard' does not mean that you have to sign it.
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The contract covers the full agreement. When buying a
property, you may come to a number of verbal agreements with the seller. For
example, that certain items of furniture will be included or that certain
renovations will be completed. To avoid possible disappointment (whether it
be from misunderstanding or otherwise), any such agreements should be
documented in the preliminary contract. If they are not, you are committing
yourself to buying the house, with no guarantee that any separate agreements
will actually be met.
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Any important conditions are included. There may be certain
conditions which are important to you. For example, you may be buying
additional land adjacent to the house. Or, you may require a mortgage or be
depending on a tentative job offer to be made a firm job offer. No matter
what the condition, you can have it as part of the contract (as a
Condition Suspensive), so that if it doesn't happen, you are released
from your commitment to buy the house and will receive your refund back. The
estate agent or the seller may say that such conditions are not part of the
sales contract; do not be put off by this as a contract can include any
conditions both parties agree to, so if the condition is important enough to
you, you should insist.
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Deposit to Notaire. For security, the property deposit should be
paid to the Notaire or to a bonded estate agent, not the buyer.
The contract is signed by both the buyer and the seller, normally at the same
time. It will include:
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The personal details of the buyer and seller
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A description of the property
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The price
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The date by which completion must take place
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Conditions Suspensives
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Penalties payable if the conditions of the contract are not met. In
general, these specify that the buyer will lose their deposit if they do not
complete the sale. If the seller does not complete, they normally must
refund the deposit and pay the same amount again to the buyer as a penalty.
In this way, the amount of the deposit protects both the buyer and the
seller from the other party backing out of the contract.
As well as the deposit, the buyer will pay the stamp duty and registration
fees at this time.
The contract is subject to a 7-day cooling-off period. This means that the
buyer can cancel the contract at any point during this period. However, if you
decide to do this, it is important that you are able to prove that you did the
cancellation within the 7-day period, in the event that the buyer should claim
that they did not receive the notification. Consequently, use of registered mail
or other certified delivery of your cancellation is important.
Before signing the contract, you may wish to check if there are any planning
applications that could affect your property. In villages, local planning
applications would normally be checked at the mayor's office (marie) and
in towns it would be at the préfecture. Just as
in the UK, it is also advisable to have a building surveyor examine the property
prior to contract signature.
If you intend to have your mortgage cover not only the purchase price but
also any renovations you plan, you should arrange estimates as soon as possible
so that they can be considered as part of your mortgage application. Keep in
mind that tradesmen are often very busy (and on occasion will also postpone
appointments), so you may need a fair bit of time to obtain the required written
estimates.
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