Compromis Question?

[Daft Doctor]

Hi, having had an offer accepted on a building plot, the immobilier drew up the compromis.  It was made out on a standard proforma multicopy sheet and included clauses suspensives relating to the obtaining of a permis de construire in keeping with a the PLU, passage de servitude, etc.  There was also an annex to the compromis stating that if the vendeur didn't make the land fully viabilisé (only mains drainage to sort out) by 31 Oct the price of the land would be cut by 15k. 

We were happy enough to sign as we have heard that immobiliers often draw up the compromis, but a friend suggested a notaire should look it over first.  When I rang the notaires office, they too thought it was a good idea.  This is where I get a bit confused.  I thought the notaire was simply a government representative ensuring all the legal work was in place for the transaction and to collect the taxes involved in the sale/purchase.  I have been told many times that they aren't there to advise in any way, so why run a compromis past one?  If I understand it right, they would only tell you whether it is a legal document or not, rather than whether this or that clause should be included.  Have I got it wrong?  Problem is that the immobilier hasn't emailed the compromis to the notaire yet, so delay is building up, so do we just go in and sign it to get the ball rolling?  A bit bold I know, but will having the notaire look at it really make a difference??  Any thoughts welcome

[Quillan]

We normally only come across a notaire when we buy and sell houses but he does actually do a lot more than that. You might find the following link usefull, it's the best one I could come up with quickly.

http://www.french-property.com/reference/role_of_notaire.htm

or this from the notaires French website (But in English).

http://www.notaires.fr/notaires/en/the-role-of-the-notaire-and-his-principal-activities

 

 

[Benjamin]

Of course you're correct in viewing the Notaire as little more than an establisher of title and a tax collector but what can be wrong in accepting the offer for a person well used to these matters to glance over the compromis?

Look on it as having a second opinion without it costing you anything!

If there is a problem then isn't it better to sort it than waiting for the final signing?

[Daft Doctor]

Hi, yes of course you are right and it is just my natural instinct to get things moving that made me wonder.  I shouldn't have been so naive to think that the immobilier would, within a full working day, email the compromis down to the notaires office for them to look over, even though they will end up over 14k richer if the deal goes through.  The notaires assistant is in fact English which I think will be a bonus if there are issues to be addressed before the compromis is signed.  Hopefully Monday or Tuesday might see us in a position to do just that, but then again............

[idun]

Would I trust just an estate agent to draw up such a thing without consulting a notaire? no, never. They are what they say they are, estate agents. And for all what they have done for you, may be correct, I would still say that the notaires are supposed to know the law and understand how these things and their nuances and maybe, just maybe, know this piece of land and any problems you may need to avoid.

Getting the estate agent or notaire to do anything with any haste  may be quite another problem.

[Judie]

[quote user="idun"]

Would I trust just an estate agent to draw up such a thing without consulting a notaire? no, never. They are what they say they are, estate agents. And for all what they have done for you, may be correct, I would still say that the notaires are supposed to know the law and understand how these things and their nuances and maybe, just maybe, know this piece of land and any problems you may need to avoid.

Getting the estate agent or notaire to do anything with any haste  may be quite another problem.

[/quote]

I'm sorry, but in all the years I worked as an estate agent, we always drew up the compromis and then passed all the paperwork to the notaire, following the 7 day cooling off period, within 24 hours where possible to ensure a swift sale.

[suein56]

[quote user="Daft Doctor"]... a friend suggested a notaire should look it over first.  When I rang the notaires office, they too thought it was a good idea. [/quote]

Although OH and I have lived in France for almost 7 years we have only just bought our first French home. When our offer was accepted by the vendor our estate agent suggested we should consult the notaire before signing the compromis. He himself rang the notaire's office in the neighbouring town and made the appointment for us for the following morning. The hour long interview answered all our questions, covered a lot of ground and cost us nothing extra. We then signed the compromis that afternoon with confidence.

Sue

[P-D de Rouffignac]

There is a lot of confusion about French notaires. First of all, they are lawyers but differ from 'avocats' whose principal role is litigation. It is correct that just one of the Notaire's roles is to correctly assess and collect sums due to the government - for example, capital gains tax due on sale of a second home - and in all property transactions they ensure - as part of their normal obligations - that the transaction is legal, above board and fair to both parties. However, they also act as independent legal advisers on many issues, such as choice of purchase vehicle (eg an SCI, UK limited company etc), wills and inheritance, protection of spouses etc - and many issues un-connected with property, such as setting up or buying a business.

You can consult them in the normal way as you would for example an English solicitor on all these and other legal issues. Mine are currently advising me on a complex purchase mechanism to hopefully avoid some of the worst effects of the current French inheritance laws.

[Quillan]

I'm sure I read somewhere, wish I could remember where, that EU law is about to change on this (either the end of this year or the beginning of next year) to the point where the will of a person form one EU state but living in another will be valid i.e. in the case of you living in France any will you make being British will take priority over French inheritance law. In the case of France its law will only effect those from other EU countries that have not made a will. Hope that makes sense, I will try and find the thing I read and give a link.

Talking of inheritance I noted in the link I gave from the Notaires website that they deal with dis-inheritance so I am thinking in the case of you not wanting your estate to go to a particular member of your family you can visit a Notaire and he/she can officially dis-inherit them from your estate.

[P-D de Rouffignac]

The changes referred to affect only the administrative aspects of inheritances, and are designed to simplify the adlinistration of an estate with assets in more than one country.

However national laws will continue to apply, such as the rates of taxation ('death duties') payable, and French rules regarding 'preferred hereditaries' (such as children). Your freedom to choose to whom you wish or do not wish to bequeath your assets is still restricted. And if you have no family and wish to leave your assets to someone outside the family, the rates of taxation are high (at 60%).