Jump to content
Complete France Forum

First act, second act, final act? Am I in a period drama?


Recommended Posts

If you are buying through an agent then they should be guiding you through the process. Make sure you get the help you deserve, including translations etc, from your agent. You are, after all, paying them a substantial fee (apart from in a few areas of France where the seller pays the agency fees as in England) and the process is significantly different from what you may be used to in Britain so you will probably need assistance.

I am assuming you have already offered to buy a house and signed a compromis de vente, as well as arranging any finance required. After that you just wait (typically for about 12 weeks - can be less, can be far longer if there are complications or you have the misfortune to deal with a very slow notaire) for the final Acte to be prepared.

The final part of the sale process is signing the Acte de Vente, which takes place in the office of the notaire handling the sale. As well as the notaire, all buyers and sellers are expected to be present - if not they have to arrange for somebody to sign on their behalf by power of attorney. The notaire reads out the Acte (which can go to many pages), if buyers and/or sellers do not speak French then it has to be translated, often done by the agent. All present involved in the sale initial each page of the Acte and sign the main page.

When all of this is done the notaire gives the buyer an attestation, which proves that the house is yours. Your certified copy of the Acte de Vente and associated documents (there are not usually any house deeds as such in France) follow some months later, when the sale is all officially registered.

It is customary in some areas for the buyers and sellers to have a glass of champagne or some local brew together to celebrate the completion.

You have to ensure that the rest of the money for the house is in the notaire's account prior to the signing (you will already have paid a deposit to the notaire), while the notaire will probably require you to have the house insured as soon as it becomes yours.

One important thing that you will have to discuss beforehand with the notaire is how you want to buy - e.g. 'en tontine', 'en indivision' etc. This is important for French succession law and inheritance tax in order to protect your interests, and the correct wording must be put into the Acte (it cannot be changed afterwards). If the notaire or other legal advisor suggests a 'CU' or similar marriage regime, or a 'PACS' for unmarried people, or buying through an SCI (a company) these are best arranged prior to the Acte de Vente - in the case of an SCI it must be set up before the final signing.

You will find there are local variations, and others may think of something important I have forgotten, but this has been the basic procedure with the French houses we have bought and sold ourselves as well as other sales in which we have been involved.

It can indeed be like a period drama, particularly if you are dealing with an old-fashioned country notaire.

Link to comment
Share on other sites

Yes we are in the process of buying, our immobilier has notified me that the second act will be signed on 20th August. Is that the final act or a middle stage? I can ask our agent but I wanted to be independently informed, don't like relying on one opinion!
Link to comment
Share on other sites

Archived

This topic is now archived and is closed to further replies.

×
×
  • Create New...