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Found a buyer, now what?


jan.c
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We have found a UK buyer for our French holiday home by private advertising.  Not having the benefit of an Agent in France, and neither party French speaking, we are a bit stuck as how to proceed.

Should we ask the local immoblier to handle the sale for us - if so what are the likely costs bearing in mind we already have a buyer in place?

If we contact a Notaire, will they advise us on what documents we need or would it be better to employ someone to gather the required documents for us? (what is the required documentation!?)

We bought the house 9 years ago, the French dream didn't work for us and we've only been there a dozen times.  I know we will owe some CGT, and Notaire costs, but  not sure how to take the first steps towards getting the sale moving.  Both the buyer and ourselves are UK based and if possible only want to travel to France for the completion of the sale. It's been so long since we bought the property, I can't remember the process, [8-)]

ANY advice would be most welcome, thanks  [:)]

Janet

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If you are now in UK there is a good Anglo/French lawyer in Birmingham that can handle the sale. It could save you money as they could pay you in pounds saving exchange costs.

He was on the ball and sorted my problems quickly  with a drunk golf playing French Notary that prevaricated for a year when I purchased in France.

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Jan, we also found a buyer privately and asked the notaire who'd handled the original sale to manage this for us. However, as our buyers didn't speak any French, the notaire said he wasn't happy doing the deal since he had a responsibility to ensure that everyone understood the transaction, therefore we must find an English speaking notaire who would act for the buyer (the notaires split the fee between us).

We found an English speaking notaire and told her the situation, and asked her to contact both the original notaire and the buyer - the original notaire was going to be the one who did the Acte De Vente and the other notaire would really act as translator and independent adviser.

The original notaire was fantastic, told us what documents we needed, and was a real help. Meanwhile our buyers were happy that their notaire was keeping them informed.

Three months later we all came together around the table of the original notaire and, although he spoke in French the whole time, he said he was happy that the buyers had seen the final documents in English and were fully informed.

Also, remember to save all the bills for any work that you had done on the house - like installing central heating, or new electrics, or stuff like that, as it will reduce the CGT payable. Our notaire was fantastic in sorting through the bills and telling us what ones were eligible!

So in the first place I would see the notaire, that will save a lot of money. An immobilier will want a cut and won't do anything that a good notaire won't do.

Anyway, well done on finding a buyer. Keep good communication with them - is my advice - every step of the way so they are always in the loop!
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Dear Dog whatever but the sale must be registered in France it is the law of France that rules here. You still have to use a Notaire in France to register the deal.

The original Notaire is the better starting point and essentially both parties can sign the original documents without being in France and then it is a matter for you whether you attend the final signing.

We sold private two years ago and supplied the names and addresses their profession their proof of identifity copy birth certificates and the like and the maiden name of one of the purchasers. Just sent it to the Notaire with our phone number and email address and it went like clockwork.

I still suggest that it is the law of France that rules this purchase and just because the two parties live in the UK is immaterial.
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Thanks everyone for your comments and advice.

Unfortunately the original Notaire did not speak English.  We bought the property through an Agent who translated for us during the signing, so that's not an option this time.

I've found a Notaire who is reasonably local and is listed as English speaking, so it may be that I should contact him.  I'd forgotten until now about providing details of profession and maiden name! (why??)    I also received some great information about doing the deal in UK pounds via the Notaire and a UK solicitor, but will have to look at the costs involved [8-)]

The kind of issues that I can see being a problem are getting an Energy Report done (is this required?).  Also, when we bought the property the seller had a "termite" (woodworm, etc.)  survey done, so I'm wondering if this will need to be done again?  We kept a lot of receipts for materials in the early days but then they moved the goalposts!! so now we can't claim for those against CGT.  We have a few other receipts but are not sure what's relevant and what isn't?

Thanks again, everyone,

Jan

 

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[quote user="dragonrouge"]I am sorry but once more I had forgotten. I am not sure of the validity of the report whether it just covers in your case your purchase or indeed whether it covers this sale.

I have no doubt that others on this forum will respond.[/quote]

Info HERE

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Jan, whereabouts in France is your property?

Our buyers (English) employed a translater in France (in Charente) to oversee the whole process as our/and their Notaire only spoke French. From what they said they were very happy with her; she oversaw the signing of the compromis, translated all the documents for them including the diagnostics inspections (you'll have to arrange for these to be done), went with them to the Acte de Vente signings and then sorted out getting planning permissions and artisans for the extension they wanted built.

There are many folks who are registered to do the same sort of work all over France; it doesn't cost a fortune and will make the sale go much more smoothly for you and your buyers. Have a look in classifieds on www.angloinfo.com or, if you are in Charente or Vienne please pm me and I can provide details of translation services/hand-holders for you.
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Hi Belle,

We didn't advertise the property, it was one of those strange incidents where it came up in conversation that we were thinking of selling and things progressed from  there.   I really wouldn't know where to recommend, only that the more places you can use the better.    Sorry can't be of more help.

Good luck,  hope you find a buyer soon,

Jan 

 

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[quote user="dragonrouge"]Dear Dog whatever but the sale must be registered in France it is the law of France that rules here. You still have to use a Notaire in France to register the deal. The original Notaire is the better starting point and essentially both parties can sign the original documents without being in France and then it is a matter for you whether you attend the final signing. We sold private two years ago and supplied the names and addresses their profession their proof of identifity copy birth certificates and the like and the maiden name of one of the purchasers. Just sent it to the Notaire with our phone number and email address and it went like clockwork. I still suggest that it is the law of France that rules this purchase and just because the two parties live in the UK is immaterial.[/quote]

The lawyer/ Notary Public in UK also has offices in France and obviously registers the property in France. It can all be done from UK and in pounds.

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Thanks Dog I now understand. Thus the guy in the UK has an office in France and they do the leg work here? So let us say the cost is 200000 euros that must be on the French deed but the cost of organizing it is payable in pounds in the UK and then the Notaire here will transfer the euros back to the UK and one's bank in the UK obviously converts to £ or he converts here in France and accounts for the £'s to you.

I am really interested in this for we are going to try at least to sell and whether we stay here or move back to the UK is anyone's guess for I really do miss the buzz of the legal stuff back in the UK and will probably go back.
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