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Do we need an interpreter at the signing of the acte de vente?


Lyndzena
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Hello

 

We are buying our second preperty in Normandy (Dept 13), France.  We were told that it was the law that we had an interpreter at the compromis de vente and acte de vente.

We had an interpreter at the compromis signing.  This interpreter is now on holiday and we are struggleing to find another - so my question is - Is this a legal requirement? 

The acte is pretty much the same contract as the compromis, and my husband speaks good french - so i am comfortable without the interpreter.  (We didn't have any interpreter for our first property purchase in December 2004).

If it is required - does anybody know if it must be a 'sworn' interpreter and where we can find one who covers Le Havre?  (I have tried 11 so far and no joy yet).

Many thanks

Lyndzena

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[quote user="Lyndzena"]

Hello

 

We are buying our second preperty in Normandy (Dept 13), France.  We were told that it was the law that we had an interpreter at the compromis de vente and acte de vente.

We had an interpreter at the compromis signing.  This interpreter is now on holiday and we are struggleing to find another - so my question is - Is this a legal requirement? 

The acte is pretty much the same contract as the compromis, and my husband speaks good french - so i am comfortable without the interpreter.  (We didn't have any interpreter for our first property purchase in December 2004).

If it is required - does anybody know if it must be a 'sworn' interpreter and where we can find one who covers Le Havre?  (I have tried 11 so far and no joy yet).

Many thanks

Lyndzena

[/quote]

It is not a legal requirement.

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The only legal argument I am aware of is that unless you understand what you a signing you cannot legally contract. If you read French well enough to convince the Notaire you do not need a translator then you do not need a translator. If on the other hand you cannot read it then you may have a problem and need a translator. 
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Anton is spot on. It is the Notaires legal responsibility to ensure that you understand the contract you are signing. If you are not a native French-speaker, then they will normally insist on an translator (or rather interpr...., but I can't spell that). We used our agents and an employee of the Notaire on the few occasions we have been through this process.

 

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Also although the notaire may be able to speak english I believe by French law all statements will be made in French and that is why we had an interpreter .

they are not expensive and some are also registered to make translations of birth and wedding certificates which come in handy.

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[quote user="Clair"]As far as I am aware, there is no such requirement.

The notaire has a duty to ensure you understand every aspect of the acte de vente though, and may want to insist on having someone to translate.

[/quote]

So it's this one then Maureen?

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We were stung with this: on purchasing our 3rd french property, we were "offered" the services of a translator - the notaire saying that as this property was in Nice, with a large foreign population it was something they had decided to do.  We said sure, why not.

Then after the acte de vente was signed I saw I had been billed for 500€ for the translator.  I was paying for something the notaire had wanted!  I had bought twice before in France (including once in Nice) and never had it suggested that my French wasn't up to scratch...and have bought twice more in France (again once more in Nice): I have not had this service "offered" again.

I suspect there was a little friendly deal/kickback operation going on bewteen this particular notaire and his pal the translator.  Be careful - if you speak fluent or near fluent French, it is crazy to suggest you need a translator.  And if you feel YOU would like a translator, use your own friends and take them out for a slap-up dinner as a thank you.

Best of luck,

Ian

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I agree with Ian on this one.  But be aware that if you get a friend to translate for you, they are obliged to sign every page of the contract and will be included in it as the translator.  In the event of a dispute over mis-translation, they could be held liable for any problems which may arise through  mistakes they made so you need to chose the person well and make them aware of this in advance.
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[quote user="maureen"]Watch my lips - the original question
"do we need an interpreter at the signing of the Acte de Vente"?
Wasn't that difficult was it?
Go pick on some-one else with your silly questions  --  or read what has been written.
[/quote]

Taking your advice and reading what has been written....

The original question was "is this a legal requirement?"

The answer to this came from Clair, who said "As far as I am aware, there is no such requirement. The notaire has a duty to ensure you understand every aspect of the acte de vente though, and may want to insist on having someone to translate".

You then commented "Load of old cods wallop"

When Will asked you what you which bit was a load of codswallop, you replied "The answer to the original question".

Benjamin then pointed out that the answer to the original question had come from Clair.

You now post a virtiolic reply to Benjamin, changing your mind and saying that it was the original question that was cods wallop.

 

Perhaps we could read your lips better if you were a bit more consistent in what you say.....[8-)]

 

 

 

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Somebody else who can't read!

The post is headed

DO WE NEED AN INTERPRETER AT THE SIGNING OF THE ACTE DE VENTE and it ends with a question mark. One of these ?

Therefore it was the original question.

I am surprised at you Sunday Driver, you showed yourself more inteligent and friendly on another site.

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Not for the first time, I see a thread descend into silly abuse because the original question was ambiguous.

The question was:

DO WE NEED AN INTERPRETER AT THE SIGNING OF THE ACTE DE VENTE ?

Does this mean -

(1) Are we legally required to have an interpreter ... ?

or (2)  In order to protect our interests, should we have an interpreter ... ?

Solution: before you rush in with an answer, be sure you understand the question.  And I am not preaching a sermon here: I have made that mistake a few times.

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I don't think the 'silly abuse' was due to any ambiguity on the part of the original poster.  They confirmed they were happy with their understanding of the process and were merely querying whether there was a legal requirement for an interpretor.  That query was simply and correctly answered by Clair and Leo.  

The 'silly abuse' stemmed from the ambiguity of the subsequent 'codswallop' comment.

 

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As has been said many times before, you have to be a bit thick-skinned using any forum to allow for the "nothing better to do" brigade (thankfully, a minority) who seize any opportunity to show off, rather than simply try to help.

I think the questionner will have got the message that it is not a legal requirement. However, as with any important legal document, it has to be in your best interests to make sure you understand the acte. Although the Notaire has a duty of care to you, do you really want to be faced with a legal battle with him if things turn out not as you expected? Much better that you avoid this risk by making sure you understand exactly what you are letting yourself in for before you sign. If your French isn't up to it, make sure you have someone there you trust who does understand it, whether or not the Notaire has insisted on this.

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[quote user="Sunday Driver"]I don't think the 'silly abuse' was due to any ambiguity on the part of the original poster.  They confirmed they were happy with their understanding of the process and were merely querying whether there was a legal requirement for an interpretor.  That query was simply and correctly answered by Clair and Leo.  

The 'silly abuse' stemmed from the ambiguity of the subsequent 'codswallop' comment.[/quote]SD: I believe you're right.  It's a pity, anyway.

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  • 4 weeks later...

Hello   This is my first posting, I am a complete newbie.....OH & I are in the process of buying a house in Dept 36, final signing was supposed to be on Monday 17th Sep, at least, this is the date the Estate Agent told us, the Vendor also thought it was on the 17th,   just received this from the Notaire, the first ever piece of communication from them:  

The completion of the property will be in the 24th September, because, we are obliged to send you a translation of the act of selling with the power of attorney. This translation has a cost of 350 Euros. Please send me your agreement as soon as possible, and I could ask for the translation and send it to you, Your Estate Agent can represent you for the completion.

We received this yesterday, Friday the 14th September at 1300. have searched all over the forum & other places, and cannot seem to find an up to date answer, could not get a reply at the Notaires,  can anyone help please

 

Chris

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Sorry, but help with what?

You have asked for a power of attorney document to be drawn up (I presume because you cannot be at the signing). The document gives your agent PoA. It must be in English because that is your mother tongue and the Notaire has a legal obligation to ensure that you understand the procedures. You won't find a solicitor in the UK (or few at any rate) willing to notorise a document in French. The charge for the translation is 350€.

You told us that. What is the question?!

 

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The implication of the original question is should the poster sign something that she/they does not understand. Of course she/they should not. If their French is not up to it and if the notaire is not fluently bi-lingual then they need help - from a friend if possible.

Good luck with the purchase.
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