Buying A House In France?
Speaking French will be an advantage when buying a home in France but if you are not fluent, or don’t have a solid understanding of legal jargon, then a good French translation service can be very helpful.
We asked an expert in translation services, Sean from Day Translations Inc, to give us his tips on how a translation service can help when buying a home in France.
If you have experienced having trouble in buying property in your country, you’ll understand how much more difficult it is to buy a house in a foreign country such as France where the language and the system are different. Anywhere you go, it is advisable to be familiar with how the real estate laws and how the property market in the particular country operates.
Tips For A Foreign Buyer
If you are not from France, it’s vital that you are familiar with the system, because it is not the same as the home purchase system in your country. Language is also a problem thus you need the services of a translation company. Even if you can speak and understand French, the French legal language may not be up your alley. Cultural differences also play a role when purchasing a home in France. And since you are not a native, it is crucial that you have the required controls and checks to ensure that your investment is worth the price.
Another thing you have to know is the role of the notaire, which is not the same as a solicitor in England, Australia and many other countries, or a legal officer in the United States.
The French Notaire
The French notaire is a public official appointed by the government to ensure that the taxes on the transfer of the property are properly collected.
The fees depend on the value of the property and the scale rate is fixed by law. Notaires can charge an additional fee if they feel that they have rendered work beyond their standard task. It is better to look for your own notaire when buying a home in France instead of using the notaire suggested by the vendor. It avoids putting you at a disadvantage especially if the notaire is regularly used by the vendor.
The notaire must see to it that all the parties understand the terms included in the contract they must sign. The notaire is referred to as a judge of the non-contentious. As such a notaire is a representative of the French government who should uphold the law strictly.
Having said that, you as the foreign buyer, has the right to fully understand what you are signing, thus professional translation services are needed to ensure the deed of sale is in your own language.
Completion Of The Sale
Purchasing a home in France is quite a formal process. When the sale has been closed and the deed of sale is to be signed, the French notaire requires the presence of the seller and the buyer. A power of attorney is acceptable provided it is legalized, properly identifying the involved parties.
The notaire reads the deed of sale in its entirety and sees to it that both parties understand all the terms included in the contract. The notaire signs the deed together with the buyer and seller. Because the notaire is a judge, the deed of sale is equivalent to a court order signifying the property sale's validity.
Acting as a judge differentiates a French notaire from a solicitor or legal officer. The notaire looks after the interests of the government while a solicitor or legal officer looks after a client's interests.
Duty To The Foreign Buyer
It's the responsibility of the French notaire to inform a non-French speaking buyer to secure assistance from a language services provider. When the transaction is complex, the notaire may insist on having a bilingual lawyer present. There should be an interpreter, for example, French to English, to ensure that the English-speaking buyer fully understands all the details included in the deed of sale. Translation of the deed of sale into the buyer's native language protects the buyers before they sign the deed.
In some cases, the notaire can insist on using a court-appointed translator, but should provide an estimate of how much the translator's fee should be. The buyer and/or the seller pay the fee for the language services or the two parties can split the translator's fee.
Ensure that you use the assistance and expertise of a translation company that provides legal translation services so that the French home property contract you sign is above board.
Sean Patrick Hopwood is the President and CEO of Day Translations, Inc., a trusted global translation company offering a full suite of language services. Personally, Sean supports language learning and cultural diversity. His other interests include blogging, playing soccer, Latin dances and continuous learning.
