Buying by post!!!

[Ann]

On our last trip to France we were told by a French Agent that as it was our last day and we were undecided about a couple of plots of land we could take our time to consider and to purchase by post. Would be interested to hear if anyone has purchased a plot of land or property this way.

 

 

[Nick Trollope]

Of course you can! The Notaire or Agent will post you a compromis to the UK, you sign it and return it via recorded delivery. Your cooling-off period starts when they receive the CdeV,  I believe. If you can't get to the final Acte, you can appoint someone (usually in the Notaires office) to sign for you.

Simple!

 

[Ann]

Thanks for the reply.  It sounded a bit strange as an English Agent had previously told us that we would need to attend the the Notaires office for the signings because that is when you receive information about the property.

 

[Nick Trollope]

[quote user="Ann"]

Thanks for the reply.  It sounded a bit strange as an English Agent had previously told us that we would need to attend the the Notaires office for the signings because that is when you receive information about the property.

 

[/quote]

It is - it is useful (and entertaining!) to attend the final signing, I would recommend that you go in person. Given that you will probably have about 3 months notice, I'm sure you can manage it!

[Will]

It is quite usual for the preliminary contract (compromis de vente) to be dealt with by post. For the final contract (Acte de vente) you need to attend the signing in person or, if you cannot do that, you must formally appoint a proxy/power of attorney.

[tenniswitch]

We've bought 2 houses in France and never been present for a closing, although we were able to get to the notaire's to sign the PdeV.  I would be comfortable doing the entire process by mail if and only if I had complete confidence in the notaire (we've used the same firm both times).

[Charlotte3]

Ann,

Be VERY careful here.... is your Agent internet based or a genuine FRENCH immobilier?

We were persuaded to let our "Agent" (internet based) sign the final Acte for us and we ended up with a house which was technically inhabitable due to lack of sanitation.

We eventually consulted an Avocat but when she made the appropriate enquiries we discovered he had virtually no assets so although we would have won a court case againt him it would have been worthless because we would never have got compensatory cash from him. And he knew it, the b-gg-r!!!!!

We're still waiting for our bourg to go on mains drains and the charlitain who sold us the house is now onto his 3rd or 4th business arrangement and still selling houses to unsuspecting brits who think he is affiliated with a genuine estate agent. Poor sods, I wouldn't wish this guy on anyone.

Sorry for the rant, but be really careful, ok?

Good luck

Aly

[Charlotte3]

Sorry, should also have said:

We love France, both work, kids happy.....but santitation would be lovely!!

Aly

[Ann]

Aly so sorry to hear of the problems you have had.  The person who told us about buying by post works for one of the immobiliers, it just sounded a strange way to purchase a house.

Hope you have sanitation soon.[:(]

 

 

 

 

 

[KathyC]

Is this so different from the UK? I think that when I've bought property here the contract has always been posted to me and then sent back, unless it's been something like a particularly tricky lease that needs explaining.

[opas]

We were in the Notaires yesterday and she mentioned that it will soon be possible to "sign" the Acte by email using barcodes for signatures. She also said she was happy that she was ready for retirement as she isn`t au fait with computers!

[Charlotte3]

Thanks Ann,

So do we!!!

 

Sorry to be negative, but you do need to be very careful.  We didn't realize at the time how important it was to attend in person. I've since been to a signing and everything was explained in great detail to the english purchasers and the notaire made sure that they understood everything and all their queries were answered there and then. Really do try to get over if you can. Let us know how you get on and good luck,

Aly

[Ann]

What we found strange was that the French Immobilier was suggesting buying by post and yet an English Agent we know was horrified by the idea and told us that if we bought we really must attend the signing. 

Sounds as though the advice of the English agent is the better option.

 

 

[Sunday Driver]

I think your French Immobilier was suggesting you go away and think about it and when you'd decided, he would post the compromis to you for signature.  This is quite normal.

I also think your English agent is talking about being present for the Acte Authentique.  This is the one which you ought to attend if possible so you can be fully briefed by the notaire on the results of searches, permissions, condition reports, etc. 

Two different events, two sets of correct advice.

[P]

SD - I think that you can learn an awful lot by attending to sign the Compris. We discovered that all that the Immobilier told us was not true!

We found that the Notaire explained everything in detail and made sure that we understood - he had excellent English.

As signing the Compris legally binds you, subject to the 7 day cooling off period, I think that unless you have a legal advisor in the UK who is proficient in French law then you CANNOT afford not to attend the signing. After all, if it cost £600 what is that compared to the price of the property.

Paul

[Sunday Driver]

My comments about remote signing assume that you have done all the necessary enquiries into the property and you are happy with the deal and wish to proceed.  Any legal issues, eg inheritance law, tax implications, planning permissions, drainage facilities etc, will have been fully researched and understood before reaching the point of deciding whether to sign the contract.

Regarding understanding the compromis, it's a simple sale document which sets out details of the property and the terms under which it is being sold. To make sure you understand what it says, the notaire should be able provide you with an english translation. 

 

 

[Ann]

From the information received I think it will be better for us to attend both signings if we go ahead with anything.

Thank you all for replying.

[Nick Trollope]

[quote user="Ann"]

From the information received I think it will be better for us to attend both signings if we go ahead with anything.

Thank you all for replying.

[/quote]

Small point; It is not normal to attend the Notaires office to sign the Compromis de Vente. The CdeV is normally created by the Agent (in fact, it is only at this point that the Notaire is appointed). A Notaire would only be interested if you are needing obscure clauses in the CdeV, or there are objections to the a clause from the Vendor.

Upshot is, per my first posting, postal CdeV's are quite normal. You are, of course, at liberty to discuss the CdeV with a Notaire, but all the Notaires I know (both that I know...) would not want to meet clients for a straigh forward CdeV - even if they sold the property, rather than an Agent.

 

[Sunday Driver]

Ann

Nick's advice is spot on.  You will have agreed all the details about the sale before the compromis is drawn up by your immobilier.  Provided that all the bits you expect are included in it, then there should be no problem about posting it out you for signature.  Where you actually sign it is immaterial.

Check out this [url=http://www.agence-maisonfrance.com/compromis.htm#Full_list_of_the_Compromis] Example Compromise de Vente[/url]

If you scroll down the page, you'll find a full sample compromis with french and english translation.  Clearly, not every section will apply in your case, but you'll see that it's quite a straightforward document.  If you want anything altered, added, or taken out, then you just send it back to the immobilier for amendment.

However, if it provides an excuse for another summer trip to France, then why not.....[:)]

 

 

 

[Ann]

Thanks Nick and Sunday Driver, I will check out the example compromise de vente over the weekend.