Finding a lawyer in France
While international buyers have the same right to buy property in France as French citizens, the legal process will differ from that in your home country. Therefore, you should employ the services of an independent, multi-lingual lawyer who specialises in property law.
Depending on what you will use the property in France for (primary residence, second home, rental property or investment), your lawyer can advise you on your legal obligations as an owner or landlord. You will also need to understand the ongoing legal requirements of property owners in France, such as regular taxes, inheritance laws and more.
All legal documents relating to property sales in France will be drawn up in French. If that’s a problem, most law firms will offer translation services.
Appointing a French property lawyer before viewing any property can be useful. This will place you in a much better position if you find a property you like and want to move quickly to secure it.
Choosing the right lawyer
You should find a reputable, independent solicitor as an international buyer in France. To find a reputable lawyer, you can use popular search engines to find lawyers to narrow down your search. Alternatively, you can ask friends or family who have previously bought property in France, if they know a French property lawyer worth recommending.
If you’re still struggling to find a reputable lawyer in France, you can contact the French Bar Association.
Your French property lawyer should be independent of other interested parties too. This will mean they are representing you and your best interests in the French legal system throughout the process of buying a house in France.
Overall, you should look for:
- Relevant expertise: in your area of need i.e. property law and/or visas & residency
- A good reputation: Check recent reviews on Google and Trustpilot
- Fees: Consider the firm’s fees and how/when clients are billed
- Communication: Look for evidence of the lawyer’s approach. You want someone you feel comfortable talking to.
Once you have narrowed your search down to a couple of firms, you should schedule consultations. Please note, that not all firms offer free initial consultations. During these first meetings, you will have the opportunity to ask any preliminary questions about their services and get to know the lawyer.
You are more than within your rights to ask the lawyer about their experience, qualifications and ways of working. Find out how they plan to approach your case and what their strategy is. This is also a good time to ask about fees.
To appoint a lawyer in France, you must sign a contract. This will outline the terms of your agreement, including the lawyer’s fees and how they should be paid. This is a legally binding document, so if there’s anything you’re unsure of, it’s important to ask questions.
The role of your lawyer
A French property lawyer will not only oversee and organise the property purchase process, but they will often be able to advise you on visa, tax and inheritance issues too. This is even more important if you’re not fluent in French, as they will be able to guide you through the transaction, ensuring you understand the contract and supporting documentation.
It is important to establish the name the property will be in and who will inherit (especially for unmarried couples with children from previous relationships), among many other vital issues.
Your French property lawyer will be able to guide you through the buying process and its key steps, namely the compromis de vente and the acte de vente. Although notaries often speak other languages, your peace of mind needs to have someone on your side to explain the entire process and ensure you understand the process and have everything required, written into the compromis de vente.
Should you wish to add any conditions or clauses (clauses suspensive) to the contract, your lawyer will be able to arrange for this to be added within the compromis de vente (the first contract). The most common additions relate to the buyer’s finances and cover them in case they are unable to or unwilling to proceed in certain specific circumstances.
If you’re buying from overseas and are unable to be present to sign the compromis de vente or acte de vente, you can use power of attorney to your lawyer to authorise them to sign on your behalf before the notaire. This is called a ‘procuration.’
Legal and notaire fees
Legal fees in France vary from firm to firm, so for an accurate quote, it’s best to ask directly with any law firms you’re considering. If you’re not sure who to contact, Your Overseas Home can connect you with trusted French lawyers.
Typically, French lawyers specialising in property law will spend 20-25 hours working for a client buying property in France from overseas. The lawyer will then provide you with an hourly rate, which will increase depending on the level of seniority of the lawyer involved.
Some firms, such as Buckles Law, are happy to “unbundle” their services, should you require advice only on a certain part of your French property transaction, such as preparing a report on the preliminary contract and attached documents. Work like this would likely be agreed at a fixed rate.
Notaire fees
Legal fees are not to be confused with the Notaire’s fees, which are paid on the acquisition of real estate in France. Notaires fees are always paid by the buyer, not the seller and include:
- The cost of certain administrative documents
- The payment of the Notaire’s office fees
- The taxes and dues
In general, French notaire fees are valued at 7-8% of the price expressed in the deed. However, if buying a new home, this amount drops to 2-3%. The amount of the costs depends on the nature of the property, the sale of the furniture and the location of the property.[i]
[i] https://www.notaires.fr/en/housing-tax-system/financing/cost-buying-house-conveyancing-fees