UNDERSTANDING FIRST CONTRACT (OR NOT)

[scotslassie]

I received my first contract to read, sign and return for a barn with CU today.  Surprise, surprise, although I had rusty school french 20 years ago I can only pick out small  bits and pieces. 

My main concern is that I will get a new CU as part of this as promised by agent/vendor (ending 2009), there wont be ANY additional charges and I have no problems with access or doing what I want within reason and of course I am buying the barn, not leasing or anything silly!!!.  The contract mentions the vendor, possibly a husband/ex hubbie and also another - possibly the previous owner....!  There is an old CU  attached, stamped April 07, an etat des risques naturels et technologieques, constat de resque d'exposition au plomb with various comments on....some sort of document with various letters on it entitled RAPPORT- report...which lists words such as kitchen lounge bedroom but its not a plan of the house , followed by a table comprising of words and letters eg localisation <1M, valeurs 0 degradation ND...., another which is a report of reperage des produits et materiauz contenant de l'amiante..

Crikey, where do I start?!!

[Will]

If you are buying a building which you intend to convert or return to habitation then the compromis de vente MUST contain a clause that makes the sale conditional on a positive CU - if the old one is dated April 2007 then it is about to expire, they only last a year, so must be renewed. But they can only be renewed once, so you would have to make sure the final plans are approved and work has started by April 2009 otherwise you will have to start again, and there is no guarantee you would get another CU, particularly as the local council will probably have just changed and the new one will have different policies.

You need to ensure that the energy, lead and asbestos (amiente) reports are still valid, or will be when the sale is completed; they have a limited period, though this is longer than the termite certificate if that is needed where you are.

Finally, an agent ought to provide an English translation, or provide you with help in understanding the documents. If this is not the case, or you are not confident that what you are being told is valid, you should consult a lawyer specialising in French property. Misunderstandings or omissions at this stage can prove very difficult to resolve later on.

Regarding additional fees, you pay the price of the property - which usually, but not always, includes the agent's fee (make sure what is included), plus legal fees and taxes, which will typically add 7-10% to this type of sale. The agent should be able to tell you what will be payable in total. There will probably be a small amount to pay as your proportion of the local land tax, but the notaire will almost certainly include that in his estimate of the legal fees, from which you will most likely get a small refund once the sale is complete and registered (which can take some time). That's it - apart from any extra legal advice (as above) and possibly (but unlikely in the case of something that was apparently sold a year ago) a contribution to the cost should a specialist surveyor have to be engaged to set, or mark, the boundaries. Don't ever pay anything up front, if you are asked for a deposit this becomes payable after you have received your copy of the final compromis signed by all parties. It is best paid to the notaire handling the sale; if you pay it to the agent make sure you get a proper receipt for the full amount in case of disputes later on.

[scotslassie]

Thanks Will - I was told by the agent to pay the notaire but havent been asked for money yet so it would seem that everything in that respect is fine.  Neither party have signed anything, the contract only arrived yesterday and I am ploughing my way through it currently. I have PMd you too to avoid long winded post.  Lawyer specialising in French property in UK?  Simply being able to fax the whole lot to someone with half a clue would be great - its probably fine but I dont want to take the risk and sign!!!  Agent is supposed to send explanation of the contract but is away currently and independant advice is always of more value/safer...