When purchasing a house in France it is some comfort to discover that estate agents are required to have professional qualifications. The estate agent should be able to tell you exactly which charges you will need to pay during and after the sale.

You need to have a notary acting for you when you purchase a property and details of registered notaries can be obtained from the local Mairie.

You need to ensure that your finances can cover the initial costs that you will have to pay out when you are buying a house. Deposits are normally requested by the seller as a goodwill gesture but on occasion you may find a property that does not require it. This can be anything up to 10% of the purchase price. This can be paid to the notary or the estate agent if they are authorised to accept funds. The deposit is held until the sale is complete before it is passed to the vendor. Notary fees will equal approximately 8% of the purchase price but this can be added on to your mortgage if you are a tax payer in France. The buyer is also expected to contribute to the agency fees which can be between 5 and 10%, but in some areas the fees are split between the buyer and the seller, so you need to check with your estate agent about the policies which apply to their fees. If the buyer is liable then this can also be added to the mortgage if you are a tax payer in France.

When you have found a suitable property and the seller has accepted your offer you will need to sign the promise to buy contract ‘compromis de vente’. This is a contract which can be drawn up either by the notary or the estate agent ‘agent immobilier’ (an ‘agent commercial’ is not qualified to draw up this document). This will be produced in French but if you need an English copy this should be provide also. This document is a legally binding contract so you should ensure that it contains all the correct information including the details of both the buyer and the seller, a complete description of the property, fees and property price, notary and estate agent details, everything that is included in the sale, information on the items which are included in the sale, all details of the required reports and information on how the purchase is to be financed. There should also be ‘let out’ clauses and details of any penalties to be paid if one side pulls out of the sale.

These clauses need to protect the deposit while giving the buyer a way out of the contract but the seller must agree to the clauses. The clauses may state that the sale is subject to obtaining the relevant mortgage, subject to gaining the required permissions for the building or subject to the seller carrying out a number of repairs or alterations. There is a 7 day cooling off period during which the buyer is permitted to change their mind with no penalty. Most buyers will use this time to have a survey carried out. It is important that the procedures set out in the agreement are adhered to.

Pre-sale reports will include the compulsory energy diagnosis which details the energy usage of the property and the impact that this has on the environment. Other reports include asbestos checks, drainage and termites.

When all the initial work has been completed a date is set for sending out the initial draft of the ‘acte de vente’. This is the final deed of sale and should be checked before the final version is signed. At this stage you will need to provide your birth certificate and passport and marriage or divorce details if applicable. A third party is able to sign the final deed of sale on your behalf if you give them a power of attorney (mandat).

When the sale is completed the funds need to be transferred to the bank account which is held by the notary. The buyer needs to give instructions to the notary to request that the mortgage lender sends the funds if this is how the purchase is being financed. The buyer must have buildings insurance in time for the completion of the sale and may need to prove that this is the case. The seller and buyer both sign the final bill of sale, as does the notary. The seller and buyer may be using different notaries but only one needs to sign the document. When the signing has taken place the notary will deal with all the taxes that are applicable, all accounts and will register the deeds of the property and details of the mortgage. The buyer will then receive a certificate after a few months which confirms that the title to the property has been registered.

It is important to get advice on inheritance laws from the notary before you purchase. You are not able to leave your house to anyone you want. The laws protect your children to ensure that they receive a portion of your estate. Capital gains tax in France will only be applied to sales of second homes.