njk1963

Hi all
My wife and I are buying a property in the village of Treignac and are looking for recommendations for a local notaire, any help would be much appreciated

Cheers

Chatter Static

Welcome to the Forum..... We have a Scot who habits thereabouts he may poke an oar in.

njk1963

Thanks for the heads up , I look forward to hearing from him

dmu

Hi, and welcome to the forum!
Just in case the above-mentioned Scot is away, there's only one Notaire in Treignac according to the Pages Jaunes! In any case, you don't need a different one from the vendor, Notaires are neutral, not like Avocats.
If you have other questions on settling in in France, don't hesitate to ask!

njk1963

Thank you for the advice, in that case our next step will be legal advice, do you have any suggestions that may help?

Cheers
Nick

dmu

Others more in the know (we bought our house here over 30 years ago and I only have vague memories) will advise better, but I suppose the Immo Agency will arrange the appointment before the Notaire to sign the Promesse de Vente. Or arrange it with the Vendor if no Immo is involved. However, bearing in mind the oh-so-different Property and Succession Laws in France, you may do well to consult her (the Treignac Notaire) separately to discuss making a Will, depending on your matrimonial and family circumstances. French property will always be governed by French Tax Laws whatever future European laws re Succession come into force.
Will you be living here permanently or using it as a holiday home?

njk1963

We will initially use it as a holiday home but it may become more permanent in a few years time,
Trying to find our feet with the whole process, so any and all advice is appreciated

dmu

Maybe you'd better start another thread, because the procedure is national and the title "Treignac" might not attract those living elsewhere who could give advice.

Chatter Static

What do you mean legal advice? France is unlike the UK in that you don't use something comparable to a solicitor to buy a house the Notaire works for the state and ensures the state gets all taxes due and that all the correct information is entered into the cadastre records and everyone else involved gets paid.

My personal advice is to take someone that speaks French and English i.e. translator with you to the first signing and someone other than the agent/immobilier or vendor as it is normally at the first signing that the quirks of the property will crop up like access issues problems with any of the tests etc etc. Never feel you have to sign you can get another appointment with the Notaire if it can't be resolved on the first trip.

Agents are always helpful on the surface but it's pay dirt they are after personally I think it can cloud some folks thinking.

njk1963

Thank you
That is exactly the kind of advice we need
We are on our way back the UK today after buying a property yesterday, so we are feeling a mixture of excitement and trepidation
Although we researched buying a property in France , it's nice to get some advice from those who have experience of the process
We won't be able to pop back for a few weeks, so will most of our correspondence will be via email, but it is as you say the quirks of the property etc that will need looking into
All documentation will be translated by the agent, but I was taught to be cautious, so your advice with regards to a translator is welcome

cyrian

Hi,
I assume that you have made an offer for a house and just as in England you can still lose the sale until the Acte de Compromis although the seller cannot offer it to anyone else for a period which is normally 3 months.
We had legal advice regarding a French Will and French inheritance law.
We declared a French marriage contract which is written into the Deeds of the purchase.
As well as acting as "honest broker" in the sales/purchase process, the notaire can offer advice and act for you on these other legal matters.
Warning: I meet different professionals in France and it can be a bit like the "old school tie" situation. They all know one another and in a small community they probably know the seller also. You should check that all the certificates (e.g. termites) are presented and valid (current guarantee).
The notaire will read through the entire sales document with you and it is his duty to make sure that you understand the document. You (both) will need to initial each page and sign a declaration (in French) on the last page.
The advice to have a fluent French speaker to act on your behalf is good advice.
Good luck

loy loy

I wouldn't think you'd need more than the notaire, our agent helped out with with any translation required.

Look into the adding the clause En Tontine to your purchase. This will mean that in case of death the rights to the property go to the spouse rather than any children, similar to English law.

Otherwise, in case of death, the dead persons half of the property will immediately be inherited by any children they have and the survivor will only own half the property.

Bit morbid I know.

njk1963

Thank you, I will defiantly take on board what you have said
It's very kind and helpful advice, we will defiantly be following it

Cheers
Nick

dmu

I should be wary of what Agents say and don't say. I've just discovered that OH's French nephew who is in the process of buying an appartment in Paris, discovered that there was a cellar involved, with various servitudes attached. The Agent didn't know, and it was the Notaire who informed him, luckily before signing the Promesse de Vente.
As mentioned, all the Agents want is their Commission, they aren't bothered with the various servitudes, etc... and the Vendor might conveniently forget them. I wouldn't entrust the Agents with translating the official documents, get an unbiassed French/English-speaker to make sure you understand exactly what you're signing (if the Notaire isn't able).

dmu

This is why I advised the OH to discuss drawing up a Will with the Notaire, to protect everyone in the family. It gets complicated when children from former marriages are involved, but we don't know the OH's situation.....