Notaires as French property specialists
French notaire offer a particular security to the transfer of ownership of real estate in intervening at all stages of the operation. With a real estate database very complete, voluntarily supplied by all the notaries of France, the notary has a acute knowledge of the french property market and the prices that are practiced. He is competent for determine the value of a property and carry out a real estate appraisal.
Notaires as property negotiators
Their in-depth knowledge of the property market and how it works enables certain notaires to negotiate property and support both sellers and buyers in their search.
Since 1 March 2016, this activity is not subject to a national rate. To the negotiation fees should be added the purchase costs to be paid under all circumstances which include the dues and taxes payable to the State but also the notaire’s remuneration for drawing up the authentic deed of sale.
In the case of rental investments, the notaire may also propose a property management service. Evaluation, advice, negotiation, drafting, publication, registration and management, the notaire can offer his clients an "all inclusive" solution and thus position himself as a single contact for real estate.
French notaire: the only contact person you need for your property project
You can entrust your entire property project to your notaire : from signing the preliminary contract to the final deed of sale, from administrative formalities (preliminary statements, expiry of pre-emption rights, etc.) to calculating the various taxes and declaring them to the appropriate authorities.
Furthermore, your notaire will draw up any statements relating to capital gains tax on property and pay the tax to the appropriate authorities by direct deduction at source from the selling price.
French notaire: your guarantee of legal certainty
In France all property sales go through a notaire. As public officers they ensure the contract is performed correctly and, in addition to confidentiality, guarantee the necessary legal certainty.
They prepare the documents beforehand thereby preventing the majority of subsequent disputes. There are over one hundred legal and tax points to which notaires pay careful attention when drawing up the deed of sale.
For example, notaires may :
- ask the parties to the contract for proof of their identities and marital status,
- check the seller's instrument of title, the property’s mortgage status, agreed easements and applicable town planning regulations,
- expiry of pre-emption rights,
- check that the compulsory pre-sale surveys are performed before the preliminary contract is signed.
Their considerable legal knowledge and awareness of any amendments to legislation are the best legal guarantee when the preliminary contract is drawn up (before the deed of sale). You will not therefore have any unpleasant surprises.
Once the instrument is signed, it becomes the subject of a major formality: land registration which involves recording the legal status of the property at the land registry office. The aim is to keep a record of the rights of ownership over the building and the mortgages taken out on it. In their capacity as public officers, notaires have the monopoly over access to this file.
Finally, the notaire guarantees the title deeds by keeping them for 75 years in their office. After 100 years they are archived in the national records and will soon be stored electronically.
Notaires also provide legal and tax advice on housing development, construction and renovation projects. Lastly, notaires who manage property provide investors with all the necessary expertise to do so efficiently.
French notaires analyse property market in France
The french property market report dissects the french property market situation by region of Ile-de-France or the Province. It presentes the french property trends, and maps of median price per square meter of old apartments and median selling price of old houses.
- I want to buy an apartment. My bank refused my loan. Can I ask the seller a staggered payment of the selling price?
- I'm selling my main home acquired 5 years ago. The notary claims a missing diagnosis: ESRIS. It was not provided to me 5 years ago. Am I obliged to have it done?
- I belong to an undivided community and wish to leave it. The second co-owner agrees to buy back my share. Which deed to sign?
- I own an apartment that is not my principal residence. I put it on sale in order to acquire my principal residence. Can I benefit from a tax exemption on real estate capital gains knowing that I am not the owner of my main home?