Personally, wouldn’t worry too much about having a shared notaire for the transaction. I never gave it a second thought and everything worked out fine. In fact the notaire has since gviven me very good advice on several occasions and always, as it is here, for free. The important thing, in my opinion, is John’s advice on due diligence. Investing a little now in using your English speaking notaire as a “control” on the process and documentation might be money spent in the long run. The fact that they are not actually acting in the transaction might even be better. Good luck.
I echo Gordon's remarks ; there is no shortgae of English speaking legal advisors who will look through the contract papers and summarise these for you in plain language. The French system is not the point-scoring / adversarial contest that exists in the UK, and is the better for it.
Don't sign anything until you are completely happy with the property, its rights and obligations and have fully understood the implications of what you are buying, including repairs, renewals and the costs of achieving regulatory compliance.
You didn't mention any survey ('property' or 'building') you might have commissioned; its all part of the buyer's due diligence, even if there is no bank to insist on it.....
It sounds to me that your problems lie with your agent not the Notaire. A Notaire works for the state, they do not ‘represent’ either party. You may need to involve a translator to ensure that you are sure about what you are signing but there should be no problem about using the current Notaire.
I'd suggest you have a chat with Rachel Thomas Bonnet at www.perfidealbion.com I refer many of my clients with problems such as yours to her. She probably won't be able to reverse what has happened so far, but she can protect your interests going forward.
we once appointed our own notaire...the one handling the sale was furious as he had to handover half the fee to the other one who did no work...luckily the furious one saw the funny side & has become a friend!
A notaire is basically working for the State, it's not the same as the UK
As it's now passed the stage where your own Notaire could become involved, it's probably 'pas grave'.
Buying in France is not like the UK; the Notaire is independant in any event and it is quite reasonable to expect him to act equally for both parties. After all, his primary function is to collect any tax due on the transfer of title from one to another.
Just make sure you know what you are signing though; your own lawyer (English speaking) should be able to advise you but it will be at your expense. Most Notaires have a reasonable command of English so the vendor's notaire should be able to explain matters more fully if you have concerns.
It's nothing to do with the vendor's wishes. The buyer has the choice of an independant notaire so I would blame the agent for not carrying out your wishes. You should have contacted 'your' notaire at the outset and instructed them to contact the sellers notaire to get the ball rolling. Once the vendors notaire became involved with the Compromis etc it was too late. Your notaire quite rightly couldn't intervene.
Who sorted out the mortgage ? (agent ?)
Have you signed the Compromis ?
Hello Sula,
I am a Chartered Surveyor working in France - send me your email address to gordon.barnes@orange.fr and I will send you a document describing the sales process and also explaining all the rules about the diagnostic reports.
The vendor normally chooses a notaire convenient to the location of the house - they have no idea when the house is first marketed where their buyer will be located - but there is absolutely no reason why you cannot have your own Notaire. There should be no increase in the costs as they share the admin fee.
I have a survey client at the moment doing exactly that - the Compromis was signed in the office of the vendor`s Notaire and the Acte Authentique will be signed in the other Notaire`s office by mutual agreement.
You have been dealt with very badly by the agent - but then I see that quite often I`m afraid.
Yes, agree completely. It will be part of your patrimoine, therefore you choose who should look after it… It should be for the vendor to pay for and be represented by a different counsel should they so wish.
Hope this helps.