Isigny le Buat

[MrsJaye]

Hi, we are looking at buying a holiday home in this area. We are experienced in renovation and can undertake all trades (except gas/oil heating) however have no experience in France. We would buy with no plans to ever sell nor to make money. We've seen a partially converted place with electric and water. I've read some info re septic tanks requiring inspections and areas being collectif or non collectif and this affecting septic tank renewal? Further enquiries to the agent about the property's septic tank reveals that it wouldn't pass an inspection as the man holes can't be found! How would I go about checking the status of any aspects of a property? I don't want to buy a place with issues because I didn't ask the right questions! We don't speak the language but am learning albeit slowly. Any advice in any areas would be very welcome. Thanks for reading.

[Lehaut]

Well as you are looking in a town about 20 mins from us, I can offer some ideas.

The property must have had a diagnostics done for the sale. It covers basic electricity, gas, lead, etc. It is not a survey report in the UK sense. That will give you some idea of whether it is "aux normes". As for the septic tank, there is also another diagnostic done for that. You could contact the office in the main road of the village

http://www.isigny-le-buat.com/SPANC.asp

to see what the current requirements are and the state of the property. It should have been examined recently and probably have a diagnostic report for the sale as well. Depending on where the property is in relation to the village, they will be able to let you know if its possible to connect to the collective system.

The agent should have all the necessary diagnostic reports available for the sale. Don't take their word on anything! I am sure someone else will chip in with comments about partial restoration and who started it...

[MrsJaye]

Thanks Lehaut for the reply. I will contact the local office. The estate agent says that diagnostics aren't done until there is a buyer as they are expensive and could go out of date. I understand this although any offer would be subject to the diagnostic report. Can you make an offer subject to the report? Thanks for your help.

[Lehaut]

https://www.allodiagnostic.com/tous-les-diagnostics/validite-diagnostic-immobilier/

Is a link for the validity of the various diagnostics. Not all are applicable to our area (termites for example). If they are serious about the sale, they should get the diagnostics done. You might be able to make an offer with a "clause suspensive" via the notiare, but I would seek very careful advice about this. I don't believe there is anything to stop you having the diagnostics done in your name (so it belongs to you, you pay). You could then use that as a bargaining point.

[Gardian]

May I add another for consideration / investigation? Possible questions re boundaries / rights of access.

You might think that the former would be straightforward, but it often isn't. You will presumably have neighbours - the question is whether there is any long-standing boundary dispute. If there's a piece of land adjoining your intended purchase and it isn't owned by a neighbour, who does own it? Might the owner be able to build on it at some later date? The Plan Cadastral at the Mairie should give you a start over the boundaries, but that doesn't necessarily mean that there isn't disagreement. Neither the vendor nor agent are likely to tell you (although they're supposed to). I'm afraid that I don't know of a foolproof way of assuring yourself over this (someone on here might be able to help) but this and the next one are regular sources of lucrative fees for lawyers over here.

The next one is right of access. It is quite often the case that a local farmer is entitled to drive his tractor (with a trailer full of festering manure) across your land without a 'by your leave'. This has been the case since Napoleonic times and you can be stuck with it. I exaggerate just a bit (!), but you get the drift. Again, don't know how you find out, but best warned.

[MrsJaye]

Thanks for all the replies. I'm a bit confused about the buying process. In the U.K. It's make an offer, offer accepted, searches done then exchange contracts with 10% deposit at which time you are bound - if you pull out you lose deposit. Then completion. In France are you bound as soon as you make an offer??? I will need to find a good English speaking lawyer! !

[EuroTrash]

Once you have made an offer and it's been accepted, a contract is signed and both parties are committed to the sale.

So if you have doubts or reservations, either don't make an offer until they're resolved, or tell the notaire and make sure that he puts the appropriate 'get out clauses' into the contract.

I thought that some of the diagnostics (energ?) had to be done before the house was put on the market, maybe I'm wrong on that

[andyh4]

Forget the English process.

Also a lawyer will be of limited use, but there are many organisations offering English speaking lawyers who will disagree. In France notaires do all of the conveyancing work. They are independent of either seller or buyer, and it is usual but by no means obligatory that both parties use the same notaire. If two notaires are used they share the costs between them. A notaire will do his best to answer a question that you put to him, but in his work is not obliged (as a UK solicitor should do) to advice that a TGV line, an abattoir or the like is planned to be built next door.

Structural surveys or indeed surveys by lending companies are not usually carried out. You can get an structural engineer to look over the property but as in the UK the caveats to their reports are unlikely to leave you with any real protection. Many people buying buildings needing obvious work will use a local builder who will give an opinion of what needs doing and probable costs. Once you buy get a series of quotes for the work and do not rely solely on this builder.

If you make an offer and this is accepted you will be sent a compromise de vente (there are other processes but this is the most common). This will spell out all conditions of sale, rights of way and other servitudes. You sign this and have then 7 days to reconsider, and then are committed - with a risk of losing a deposit if you back out.

It is the exact reverse of the UK process where everything is up in the air and can be cancelled until the last minute. In France commitment is made very early in the process and it only halts (usually at least) if the notaire turns up something regarding the ownership of the property or a fault in the description of the rights and responsibilities as described in the compromise de vente. [In our case the property was described as having no rights of way, but the notaire established that a neighbour had an ongoing legal dispute over whether he did have a right of way to his property. We were advised by the notaire and had the opportunity to withdraw, wait until the legal case was heard or continue.]

[mint]

[quote user="EuroTrash"]Once you have made an offer and it's been accepted, a contract is signed and both parties are committed to the sale.

So if you have doubts or reservations, either don't make an offer until they're resolved, or tell the notaire and make sure that he puts the appropriate 'get out clauses' into the contract.

I thought that some of the diagnostics (energ?) had to be done before the house was put on the market, maybe I'm wrong on that[/quote]

Yes, energy and emissions tests done before the property is put on the market.

The rest done when there is an offer accepted and the notaire is in the process of preparing the compromis.

[suein56]

Andyh4 wrote : If you make an offer and this is accepted you will be sent a compromise de vente (there are other processes but this is the most common). This will spell out all conditions of sale, rights of way and other servitudes. You sign this and have then 7 days to reconsider, and then are committed - with a risk of losing a deposit if you back out.

The 7 days Andy mentions was increased to 10 days in 2015. It is not uncommon for French people to agree a purchase and then use this 10 day period to retract as it easy to back out at this stage with no strings attached.

Sue

[MrsJaye]

Thanks so much for all your help. Really appreciated. We are in no rush so will take our time and hopefully get it all right ?