When you start to research French property, you quickly get to know that the French lawyers involved in handling the contracts are known as notaires. However, what exactly is their role? Is it, for example, similar to that of a UK conveyancing solicitor?
Well, not really. In fact, the notaire is effectively a government appointed lawyer whose responsibility is primarily to ensure that there is a properly legal contract under French law. Now, many French people buy properties with only the main notaire involved. However, overseas buyers tend to find that the notaire mainly just gets on with executing the contract, assuming that the buyer is familiar with procedures in France - they find that the notaire does not give them advice in their particular interests, as the notaire's role is one of impartiality.
There is actually the option to appoint a second notaire, to represent your interests in the terms of the contract. However, again, many people feel that even then, the second notaire can tend to assume that their client does understand how everything works in France. Naturally, if you do not speak French fluently enough to understand the legal language, there is also the challenge of finding a notaire who speaks and writes fluent English. It is also said that the first notaire resents a second being introduced to the picture, because they then have to share the same fees - however, it is hard to say how true this is!
So, what is the answer? Well, one option is simply to do as many French people do - just go with the main notaire. Many overseas buyers actually do this. However, as an overseas buyer, probably with little knowledge of French law and its implications, it perhaps makes sense to take independent legal advice. I say "perhaps", since we have actually had a UK solicitor buying in France say it was a waste of time and money to use an independent lawyer! Our view is that buying a house is too important to take this risk and that independent advice is important. If you do not take a second notaire, though, what other option is there?
Well, these days there are many UK firms of solicitors who have in-house lawyers specialising in French property law, usually having qualified in France and completely bi-lingual in English and French. Aside from advising on the purchase contract, these lawyers can also advise on French inheritance law, which is quite different to other countries - it is important to get this aspect right from the initial contract stage, to avoid inheritance problems later.
Taking an independent lawyer does of course involve cost - one still has to pay the standard French legal costs (related to the property price) and pay the additional fees of the independent lawyer. These fees can vary significantly, with some practices seeming to put quite a high value on their services, so it pays to shop around and compare. We can usually suggest one or two options - if you need help, just get in touch via our Contact page.
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