UK Solicitor vs French Notaire?

[Pamela]

I think we have two requirements for legal advice in english when we buy our French property (someone tell me if there are more than two)

First of all we need to take advise on the best way to buy our property in France - regarding the inheritance situation as we are in the second marriage / several children situation.  Despite reading extensively on this and other forums I believe that the only way to get the best advise is to speak to someone directly about OUR particular situation.  (It seems that even on a highly knowleged based forum like this there is still a considerable amount of confusion!)

Secondly we need to have the contracts that we will sign 'checked' or translated into English and explained to us so that we do not end up with the proverbial pig in a poke.

Now I have read on the forum that for this second point we only need to use an English speaking French notaire who is different from the one doing the property transaction and that this will not cost us any more because they share fees?  - is this correct?  and is it advisable?

Secondly I have also read that these notaires aren't necessarily the best people to give advise on the inheritance situation? (although that sseeems strange) and that I should look to a French law specialist in the UK?  I have a feeling the UK option will be more expensive.

Can anyone advise on the best option for these two situations?

Many thanks

Pamela

[Will]

First of all, notaires are in effect government officials whose function as far as house sales are concerned is to ensure that sales are conducted legally, as such they are independent and totally different from the English system in which each party appoints his/her own solicitor or conveyancer. As such, as long as the work can be shared between two notaires there will not be extra fees if you appoint your own, which is permitted. However in my view this is pointless and only adds to the bureaucracy, plus it has the danger that the notaire appointed to handle the sale could feel a bit out out if he thinks you don't trust him.

Notaires are also able to advise on inheritance etc, though it has to be said that not all are that well informed, particularly as they may be unused to the differences between English and French marriage regimes etc. I would personally recommend that if you want advice on French law you speak to a French lawyer (notaire or avocat), rather than an English solicitor. If you need a second opinion, in English, there are English lawyers (or fluent English speaking French lawyers) based in France, as well as English consultants who work closely with French specialists - if you need advice on several things, like finance and/or tax as well, that might be a good way to go.

Finally, if you are buying through an agence immobilier then you should get translation provided as part of the service. If buying another way, or though one of the poorer agences that won't provide translation, you may have to pay a translator - the notaire will usually recommend somebody local. If do still you want the contracts checked then that's where you need a lawyer/consultant - though if you have happily signed the compromis de vente and told the notaire what you want to do about inheritance the final acte should not contain any surprises.

[Pamela]

Thanks Will - I did wonder if the first notaire would be a bit put out at you choosing someone else for him to share his fees with - I think I would too!

Seems like the best thing to do is contact an English speaking French lawyer - and a couple of people have PM'd me some details (thank you folks)

Thanks for your help

Pamela

[Quillan]

[quote]Thanks Will - I did wonder if the first notaire would be a bit put out at you choosing someone else for him to share his fees with - I think I would too! Seems like the best thing to do is contact an...[/quote]

The notaire is on a salary, the money goes to the state so it does not worry him with regards to fees. He is just a collector.

[Owens88]

I do know an english lawyer qualified to act in france. Not as a notaire but an avocat. He's based in leeds.

 

My mortgage lender sent me this.

            French  Avocats

 

Please find below details of some English speaking French Avocats.

 

·        Foxhayes		Contact :	Graham Platt
Adresse	Bank House 150 Rounday Road Leeds LS8 5LD	Tel :	+44 (0) 113 209 8922
		Fax :	+44 (0) 113 248 0466
Link to comment Share on other sites More sharing options... Racerbear02 Posted November 13, 2004 Racerbear02 Members 313 Share Posted November 13, 2004 When we were looking to make the move, I found a UK solicitor on this forum who was fully versed in all aspects of the French legal system, he advised us on the inheritance situation, although our situation is different to yours, he read through and advised us on the formation of a PACS and also read all the paperwork from the French notaire about the house transaction and confirmed that all was in order after having raised a few questions. The notaire was unpeturbed by his being involved, infact he seemed to regard it as a good thing. I can heartly endorse Matthew Cameron of  Prettys in Ipswich  [email protected] Of course there were fees involved, but we felt it was well worth the costs to avoid any potential problems, it is also nice to have someone to 'hold your hand' when dealing in a foregin language, Matthew was able to translate the legal French into commonsense English, it was even worth the drive from Preston to Ipswich for a face to face meeting. Good Luck Link to comment Share on other sites More sharing options... Judie Posted November 13, 2004 Judie Members 497 Share Posted November 13, 2004 [quote]The notaire is on a salary, the money goes to the state so it does not worry him with regards to fees. He is just a collector.[/quote] As far as I'm aware, Notaires are part employed, part self employed and certainly get miffed if they have to share their fee. Judie Link to comment Share on other sites More sharing options... 2 weeks later... Causette Posted November 21, 2004 Causette Members 65 Share Posted November 21, 2004 Finally, if you are buying through an agence immobilier then you should get translation provided as part of the service. If buying another way, or though one of the poorer agences that won't provide translation, you may have to pay a translator - the notaire will usually recommend somebody local. That's a bit harsh, Will!  Some of the smaller (not necessarily poorer) agencies, or those outside the main tourist areas, might not have anyone who speaks enough English to provide this service.  It's sometimes a matter of 'can't' rather than 'won't'! In our area, quite a few of the notaires insist on using only sworn translators if the buyer can't speak French.  I agree that notaires don't like sharing fees though! I can also recommend Kathie Murray Lacey of Prettys solicitors in Ipswich...  although I do agree with using a French lawyer to answer questions of French law.   Link to comment Share on other sites More sharing options... Please sign in to comment You will be able to leave a comment after signing in Sign In Now  Share More sharing options... Followers 0 Go to topic listing All Activity Home Forums Legal and Finance French Legal Issues UK Solicitor vs French Notaire? Cookie Policy Manage Cookies Contact Us Copyright France Media Group Limited Powered by Invision Community × Existing user? Sign In Complete France Browse Back Browse Forums Online Users Leaderboard Activity Back All Activity Search × Create New...

[Racerbear02]

When we were looking to make the move, I found a UK solicitor on this forum who was fully versed in all aspects of the French legal system, he advised us on the inheritance situation, although our situation is different to yours, he read through and advised us on the formation of a PACS and also read all the paperwork from the French notaire about the house transaction and confirmed that all was in order after having raised a few questions.

The notaire was unpeturbed by his being involved, infact he seemed to regard it as a good thing.

I can heartly endorse Matthew Cameron of  Prettys in Ipswich  [email protected]

Of course there were fees involved, but we felt it was well worth the costs to avoid any potential problems, it is also nice to have someone to 'hold your hand' when dealing in a foregin language, Matthew was able to translate the legal French into commonsense English, it was even worth the drive from Preston to Ipswich for a face to face meeting.

Good Luck

[Judie]

[quote]The notaire is on a salary, the money goes to the state so it does not worry him with regards to fees. He is just a collector.[/quote]

As far as I'm aware, Notaires are part employed, part self employed and certainly get miffed if they have to share their fee.

Judie

[Causette]

Finally, if you are buying through an agence immobilier then you should get translation provided as part of the service. If buying another way, or though one of the poorer agences that won't provide translation, you may have to pay a translator - the notaire will usually recommend somebody local.

That's a bit harsh, Will!  Some of the smaller (not necessarily poorer) agencies, or those outside the main tourist areas, might not have anyone who speaks enough English to provide this service.  It's sometimes a matter of 'can't' rather than 'won't'! In our area, quite a few of the notaires insist on using only sworn translators if the buyer can't speak French. 

I agree that notaires don't like sharing fees though!

I can also recommend Kathie Murray Lacey of Prettys solicitors in Ipswich...  although I do agree with using a French lawyer to answer questions of French law.