Jump to content

english lawyer


gert
 Share

Recommended Posts

Hi

just to say :

Why do you need an English lawyer ? This is pretty well unheard of in France.

The notaire is half govt tax collector, half conveyancing solicitor and, often, half estate agent. He is legally neutral. You will pay his fees regardless. It is normal for one notaire to act for both sides. If you want your own notaire, it is the same cost and fees are split between them.

Why not use an English speaking notaire ?

Using an English lawyer is rather like calling a plumber when you need brain surgery ?

Peter

 

 

 

 

Link to comment
Share on other sites

Might I suggest that it is advisable to engage the services of a lawyer conversant with French property and inheritance law in order to protect your interests.

Whether it is normal practise in France is totaly irrelevant.

The relationship of Brain Surgeons/Plumbers rather illudes me.

I can recommend someone  suitable , send me an email if your require such information.

A

Link to comment
Share on other sites

Quite. Anyone other than the notaire - despite whatever their legal training they might have - is just a bystander in the legal process of buying a house in France.

A notaire can - and must by duty - advise on issues of inheritance, transfer of right etc.

Link to comment
Share on other sites

[quote]Hi you've missed the point. The only real property expert in France is the notaire. And, he is there to protect the interests of both sides. It was not an idle comment : I have the experience of bu...[/quote]

I agree with you on this. The laws about property and inheritance are really quite straight forward and are well, and correctly, published on this website, in magazines and other sources. Employing a UK English speaking solicitor to deal with property buying in my opinion is a waste of money under normal circumstances. If buying a old property you would be better off spending your money on a French equivilent of a surveyor (information on how to find one is also in this forum if you search).

As for £1000 I didn't even spend that much selling a £3/4M house in the UK 3 years ago and that was in the London Docklands.

PS. Just dug the bill out for that it was £837.72

Link to comment
Share on other sites

I haven't missed the point at all.

I would never sign a contract without professional advise acting in my interest with no commitment to the other party.

That is what I am saying.

When we bought our house in France we engaged a notaire to do just that and he raised several issues which were totally relevant to the conveyancing of the property which had not been brought to our attention by the appointed notaire. Further it dos not cost anything. View it as a free, independent second opinion and then you will appreciate the wisdom in having a notaire to represent you.

Will a notaire investigate issues relating to title to the property? I am not sure what the answer is to that question but it is very relevant.

As far as experience is concerned I have had more than average experience in trading in properties, both residential and commercial. This is only a part of my business interests. At the moment I am selling one residential property and also a business.

I am not trying to score points, I don't need to. I leave that to others.

The next time you read or hear about a notaire or solicitor making a cock up I do hope you will concede that there could possibly be some foundation in what I say.

A

 

Link to comment
Share on other sites

Will a notaire investigate issues relating to title to the property? I am not sure what the answer is to that question but it is very relevant. - Yes, that is what they are paid for and part of their job - ours was far more thorough than our English solicitor when we purchased our last house in the UK - which had no end of problems which were not resolved when we sold it but the new purchaser was aware of them all.

We used an English speaking specialist lawyer. I would have been better off just burning the money - then I would not have had to spend the afternoon in the notaires office phoning them on my mobile phone to send faxed copies of all the documents they had forgotten to send to the notaire. This company is one of the most highly thought of firms and is oft quoted on this forum - same staff.

Our notaire was so thorough it was unbelieveable - we did not need our English speaking expensive chocolate teapots and would have saved quite a bit of money.

Pay twice if you want to, no one is stopping you, it just seems to me from my experience a waste of time and money - the latter I would never willingly waste.

Link to comment
Share on other sites

The best place to find an English-speaking lawyer specialising in French house purchase is in the adverts in magazines like Living France and French Property News. We have never felt the need for one, but if you are the sort of person who worries about things, it is almost certainly worth appointing somebody, if only for peace of mind.

There seems little point in appointing a second French notaire, unless the one already handling the sale is known for being slow, uncooperative or just plain incompetent (some are, unfortunately). Otherwise the danger is that an already slow process could be slowed even further. The notaire's job is basically to make sure that the sale is conducted properly and legally - that includes matters of title and making sure that all charges and taxes are paid. The job also includes unbiased answers to buyer's or seller's questions - but you have to specifically ask the questions, don't necessarily expect the notaire to volunteer information about succession law, for example (although some will do so). The notaire won't, for example, find out if a housing estate, motorway, nuclear power station etc is planned next door, that's down to you to make enquiries. It's doubtful whether an English lawyer would find out these things either unless they are actually on site.

The best way to find a lawyer (or anybody else) is by genuine personal recommendation. However, be aware that for every person who has praised a particular firm on these forums for finding all sorts of problems in the French documentation and more than justified the cost, there is somebody else who has found the same firm a total waste of time and money.

You pay your money, and take your chance, as the saying goes.

Link to comment
Share on other sites

...make sure your notaire is familiar with the peculiarities of English people buying French houses because French inheritance and taxation law is applied differently to us. We thought ours was all under control and then at the signing / paying day he pulled a blank face on us and denied knowing anything about communitie universel. Its still not sorted out. An english/french speaking lawyer might have helped. (or might not of course)
Link to comment
Share on other sites

I have the most wonderful notaire in Limoges 87 he speaks perfect english he did part of his Law degree in England, he dealt with my property purchase ,transfer of property into my name following divorce and  my parents used him to gift their french property to me. He emails me in england in english and likes me to reply in english he is 30years of age.He is the kindest french person I have ever met and even reduced my bill because the french goverment increased some sort of tax in the middle of a transaction he was doing for me. He is honest and informs you of every fact.He is truly a great find and I would never use anyone else, having used french lawyers in england and a local french notaire in my nearest town. He is a partner in a large practice if you would like his name , use my private email, I cannot speak to highly of him. Also there is no need for the expense of a translator he just loves to use his english.
Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share

×
×
  • Create New...