Translation for Promesse and Acte- obligatory

[peterw]

Hi all,

Just wondering if any of you have been forced (at great expense) by your notaire to have an official translator at the signing of the promesse and the Acte. We have an english speaking Notaire and Agent, and cannot see why we would be reguired to do this. Is this a legal requirement in France?

 

[Owens88]

We did not have this 2 years ago, nor was it suggested.

However we had being going through the French documents (with decayed schoolboy prowess) and then asking questions in English, so perhaps our Notaire felt she had been spared the need to translate everything.

She did 'go through' everything in English with us.

 

John

[andyh4]

2 years ago we went through the whole procedure from start to finish in French.  Our English speaking Agent was present at the final signing and was able to translate my one reply into French (knew what the question was but couldn't formulate the answer - how often does that happen as you are building up confidence in a language?)

[Will]

I believe there is a requirement for documents to be translated, at least at the Acte de Vente stage, but notaires apply it in varying degrees. Usually having a bilingual agent immobilier present will suffice. I have heard of notaires insisting on a certified translator (particularly when no English-speaking agent is involved), and I have also read on another forum that notaires are required to provide translation into English at no extra cost - something which I must say does rather stretch the bounds of credibility.

[Dunton4]

I thought the requirement was for the Notaire to be confident that the documents and process had been understood in order that the contract could not be declared null and void at a later date because the signatories claimed they didn't understand it?  I was told that some English buyers had tried to use this as "get out" when they had second thoughts some time after the cooling-off period following signing the Compromis.   Maybe each Notaire has to assure him/herself of understanding in whatever way they deem appropriate? Our Notaire asked us to sign a declaration (in French) to the effect that we had understood the contract.  Our process was all in French and we speak reasonable French, but chose to take along a fluent friend in case any difficulties arose on the day.   As Will says, if the Notaire is confident that a bilingual "interpreter" is there, then maybe written translations are not deemed necessary?  I guess the interpretation may vary from Notaire to Notaire, but I am no expert, just telling of my own experience earlier this year.

Sue

[peterw]

Thanks for the replies. We suspected that it could be our Australian international notaire (who referred us to the french notaire), trying to generate business for himself by having an arrangement with the Notaire that everything must be translated.He of course was standing by willing to provide this service at a "reasonable" 4000 euro!(written translation). We have since sacked the Australian solicitor.

But now we have the situation where the Notaires are asking us for a translator again and the family member is not available this time. Is it usual to rely on the Notaire/agent for translation? I have asked them if this is possible but have not had a response.

 

[peterw]

Thanks for the replies. We suspected that it could be our Australian international notaire (who referred us to the french notaire), trying to generate business for himself by having an arrangement with the Notaire that everything must be translated.He of course was standing by willing to provide this service at a "reasonable" 4000 euro!(written translation). We have since sacked the Australian solicitor.

But now we have the situation where the Notaires are asking us for a translator again and the family member is not available this time. Is it usual to rely on the Notaire/agent for translation? I have asked them if this is possible but have not had a response.

 

[Dunton4]

Peterw, I am really shocked that you were asked to pay 4000 euros for what seems to be an unnecessary translation !!   We felt more comfortable with an independent supporter as the Notaire was working for both parties.  When we went to sign the Acte our fluent friend couldn't make it and recommended someone who would accompany us for a small fee.  It cost us 75 euros, which we were more than happy to pay.  If you ask around you might find somebody who would do something similar for you. 

Sue

[Will]

Sue, I quite agree that it is the understanding of the documents that is crucial - if any of the parties are not French, but the notaire is satisfied that they speak enough French to understand what they are signing, then there should indeed be no need for a translation. However, in case of non-French speakers then I can see the need for a translator to be present.

I also agree that 4000€ for such translation services appears excessive, particularly when people complain so much about the fees charged by agents immmobiliers (who, after paying various commissions etc frequently end up with considerably less than that figure) and translation is just one part of the service they provide at no extra charge.

[Dunton4]

Gosh, yes, you wouldn't want a non-French speaker to be in there without a translator or translation, would you ?  I didn't mean to imply that!  We speak it to a reasonable standard, but still wanted someone fluent to be on hand in case we got into difficulties, and at the 75 euros we paid it was a fair price for the reassurance it gave . 

Good luck with your purchase Peter!

Sue

 

 

[peterw]

Thanks everyone for the advice, and Sue for the contact. I think Judy will be able to help out with a name for us.

[Tonyf]

The 4k seems a bit excessive, however, if you do not understand the language sufficiently then this is mone well spent for piece of mind.

Messageboards, web sites, tv programmes etc etc are full of sob stories, many of them self inflicted by not crossing the 'T's etc.

Fine, if the immobilier or his english oppo says he will translate. But is he insured for this and will he accept responsibility if there is a mistake?

My advice to deal with any transaction is the same way as one would if you were buying a property at home.  Act with caution, understand everything before you sign.  Don't understand or are unsure - ask.

 

[Tonyf]

The 4k seems a bit excessive, however, if you do not understand the language sufficiently then this is mone well spent for piece of mind.

Messageboards, web sites, tv programmes etc etc are full of sob stories, many of them self inflicted by not crossing the 'T's etc.

Fine, if the immobilier or his english oppo says he will translate. But is he insured for this and will he accept responsibility if there is a mistake?

My advice to deal with any transaction is the same way as one would if you were buying a property at home.  Act with caution, understand everything before you sign.  Don't understand or are unsure - ask.

 

[Musicmonkey<ADDRESS><STRONG>Musicmonkey<STRONG><ADDRESS>]

Two and a half years ago, we were presented with a bill for the translation carried out at our signing of the Acte.  It was approximately €100 from memory and, as we hadn't asked for, or been advised of the need for a translator, we referred the bill to the immobilier and they settled the charge.  4,000 is just too much.

[Bobdude]

We were asked only two days ago by non French speaking friends to accompany them to the Notaire to instigate the purchase of their French property. It is definitely not compulsory to have a qualified translator - although the Notaire did ask if they required one, or whether we were happy to help out. What he did say, however, was that the translator might be held responsible if something is not properly understood! We asked whether something could be signed by our English friends to state that they would not hold us responsible for any mistakes, and he said yes that could be organised.