Found a place, first steps?

[majr]

Hello there.

Just like to say hello, I'm sure I will be asking plenty of daft questions over the coming months so please bare with me!

I'm after a bit of advice from those more knowledgeable than I, I have been looking for a little place out of the way for a while now and have found the perfect spot. I am a single, cash buyer and the place I have found is pretty run down but habitable and exactly what I want.

My questions are, as it's cash, I am perfectly happy with the building as it is, I don't have to factor in any conditions as I don't need a loan and am not buying with a partner, the inspections have been done and it is for sale privately from the long term English owner, is it all straight forward, see a Notaire, agree on the area of land I'm buying and hand over the cash? Also, how hard is it to buy without being present, can I have a family member complete on my behalf?

Thanks in advance for any help, much appreciated.

Mat.

[Pads]

We were'nt there for our second signing. We were sent the paper work to be signed in front of a solicitor over here they were posted back , we sent the money, and just picked up the keys next time we were out there. 6 months later we went back to pick up the paper work to prove we owned the place and a chq for monies owed to us.[:)] Good luck with it all its a very exciting time

[majr]

Thanks for replying Pads, much appreciated.

I'm in a more unusual position than most, I work for the British Antarctic Survey and I'm currently on a Research Station floating on a block of ice. I don't get back to the Uk until March next year but don't want to let this place slip as it's perfect for me. I'm hoping I can go through the entire process either by fax or by using a family member to complete the deal. No idea on the legalities to be honest.

Thanks again for your comment, it is indeed an exciting time!

Mat

[Will]

An alternative to signing yourself, either at the notaire's or in front of a British notary public, is to appoint a proxy. This can be a family member, who would have to attend the signing, or even a member of the notaire's staff.

If buying privately do make sure you get advice about the compromis de vente and other legal considerations to make sure you understand the implications and have the right clauses included.

[Hoddy]

If your block of ice passes Deception - give it a wave from me.

Hoddy

[majr]

Thanks for the replies!

Hoddy, I passed Deception on the way down to the Peninsular in 2005, spent my first winter down there then sailed across East and much further South to the Brunt Ice Shelf where I am now, have you been to Deception? Stunning Island.

Will, are there likely to be lots of clauses if I am happy with the place as it is? I'm guessing  that clauses are usually there to protect the buyer if they are hoping to get planning permission or a mortgage or things like that. I'm not sure I will need to add any clauses as I am happy with the details as they are, unless of course I'm missing something vital! Our Base Comander is a sworn in Notary Public I think, maybe he could witness signatures? No problem with having a family member deal with it though.

Thanks again for the advice.

Mat.

[MrCanary]

majr - welcome to the forum!

There are some really good people on here with a wealth of experience about most stages of your new French adventure. I am still learning, but if I have been through anything you post at any time, I will chip in.

Out of interest, how good is your French?

Mel                            

[majr]

Morning Mel

Thanks for the welcome. My French is zehr gut!, only joking, it's fairly basic but improving every day. I've travelled a huge amount so speak the basics of lots of languages, keep mixing them up, sure I will get there.

I have found out that our Base Commander here is a sworn in Magistrate so maybe that will help with signing contracts.

Have a good day.

Mat

[jc]

We used a member of the notaires' staff to do the signing of the contract but had to send them an "officially-stamped" power of attorney.

[liz]

In the absence of an agent it is usually the seller that gets things organised with the Notaire.  If they are as keen to sell as you are to buy I am sure they will be happy to do that and it is you, of course who pays the fees.  There is no problem in buying without being present by use of a Power of Attorney (Procuration in French) but the Notaire will have to satisfy himself that you are who you say you are and that the person you appoint is properly appointed, this can be a member of the Notaires staff which will save a family member travelling to France for you..  I would suggest you get the seller to pick a Notaire and perhaps briefly explain the situation.  You can then contact him to find out what he requires to complete the deal.  You will need two goes at signing as there is the Compromis de Vente where you usually pay a deposit (10% is normal), then the Notaire makes various searches and then to complete the deal you sign the Acte Authentique (hopefully) a few weeks later.  French Notaires, in my experience, are not very flexible and have their own way of doing things so I am afraid you may not find them very helpful.  I wouldn't normally suggest it but, in the circumstance, it may be worth appointing a UK solicitor with experience of French property purchase.

Mat, I don't wish to be rude but you have seen this place haven't you  [:)]  ?  I would not have believed it possible but I do know of a person who bought a small property in France without seeing it and was of course bitterly disappointed with what she found after she'd handed over her cash.

[Athene]

'French Notaires, in my experience, are not very flexible and have their own way of doing things so I am afraid you may not find them very helpful.  I wouldn't normally suggest it but, in the circumstance, it may be worth appointing a UK solicitor with experience of French property purchase.'

This has not been our experience with notaires. If anyone needs an excellent, flexible notaire in Dept 17, we would recommend her! She has done a great deal of work for us not only on land and house purchase issues and has fought our corner admirably! I am not sure but I think you may incur more expense employing  a UK solicitor. It would be a good idea to check this out first. Noatire's fees are laid down in France, so they could give you a firm idea of the conveyancing cost on this route.

Just another thing to remember - anything the seller has agreed to leave in the house eg kitchen units, fitted cupboards, light fitments, bathroom towel rails etc etc. All will need to be listed down in the contract or the seller will have the right to remove them. It is not the same as the UK were fixtures and fittings have to be left.

Hope this helps!

Good Luck!

[jc]

Another idea is to get a French speaking English lawyer to read(not translate)the contract before you sign it just to check that everything is normal-no odd clauses.

[majr]

Thanks for all the replies!

The seller has a Notaire sorted and is doing a lot of the leg work as he is as keen to sell as I am to buy, he's getting on a bit and doesn't feel able to deal with the place now. No, I haven't seen the place, my brother has been and had a quick look but to be really honest I'm not that fussed, it's in the right area for me, the land is the right size and it's proximity to the local village is perfect, the fact that it has a habitable place on it with mains water and electricity is a complete bonus as I'd have brought it for it's position only, it's cheap enough for me not to be worried about any issues. It's not a place to do up and sell on, it's purely a place to hide away in when I am away from the Antarctic. Google Earth is pretty amazing too!

The initial enquiries on how to sort out buying from here either by proxy with my brother acting on my behalf or by fax and getting signatures witnessed by the Base Commander here should go ahead in the next few days and I will know much more about where I stand then. I'm pretty sure that it will be very straight forward, the current owner has had the place for the last 18 years and it has been lived in for the last 50 years so there shouldn't be any issues. There is work that needs to be done but I have developed a couple of properties in the past so not worried on that side.

I'm not planning on going to a UK solicitor unless it's absolutely necessary, there are a couple of good French speakers working down here so between us we should be able to understand the process.

Thanks again for the replies, hearing about personal experiences helps a lot!

Mat.

[jc]

There are some French Notaires in the UK;usually ones that have married a UK citizen,moved to UK but have kept up their qualifications.