Buying process

The notary public in France is a legal representative of the state and has the following tasks:

• Supervising the payment of the transfer tax
• Checking the data of the plot and the buildings on it with the Land Registry
• Doing a title search
• Reporting if development plans will interfere with the usage of the property (change of value does not fall under this)

The notary public is usually hired by the selling party, you can choose if you want to hire the notary as well. But you are free to appoint a different notary. In that case, both notaries will have to split the fee. You can even hire a notary public from your home country, but bear in mind that he or she will not have a thorough knowledge of the country’s legal system and the local development plans, Land Registry et cetera.

Fee
The notary’s fee is stipulated by French law and is based on the purchase price. The notary will charge 5% over the first € 45,735. He will charge 2% for the surplus value of the purchase price. In addition, he will charge a small fee for drafting the contracts.

It is not compulsory but highly advisable to hire an estate agent when you want to buy a second home in France. In 50% of all cases of property transaction the vendor and the buyer will take care of the transaction themselves, with a notary public as mediator. This happens a lot in the country or thinly populated areas.

Official documents
Always ask a notary public for the following official documents:

• Carte professionelle: his licence to mediate in property
• Mandat: the owner of the property has granted permission to the estate agent to sell his property with this document.

A second home in France can be sold by several estate agents for different prices. That is why the estate agent may ask you to sign a document before viewing the property. With this bon de visite he is actually safeguarding his commission.

Fee
Estate agents are obligated to show their fees to their clients in their office. The commission is 5% to 10% and includes VAT. The vendor usually pays the commission, unless you have made other arrangements.