Christophe Dutertre, a specialist French legal adviser from Blake Lapthorn Solicitors, has contributed the below articles to our Information Library.

‘Understanding the role of the French Notaire’

and

‘French purchase contracts –
when does the buyer have recourse against the vendor?’

The first article explains how the French Notaire assists in a property purchase in France and protects the rights of the buyer.

The second article explains, in particular, that the recourse available to buyers of   older property can often be more restricted in France than in the UK.

For example, in France, the purchaser of an existing property, bought from a private individual, agrees to buy the property in its ‘actual’ state without any warranty or recourse against the vendor if issues come to light. This means that if surveys or nosy neighbours (!) later reveal problems, the purchaser can pull out of the sale (as long as he does so before the end of the 7 day ‘cooling off period’) but he does not have the right or ability to negotiate the price or request that the vendor rectify the problems before completion.

This is not the case when buying new-build or off-plan property in France as, in this case, the purchaser is protected with mandatory guarantees that the vendor (the developer) must provide. For example, when the new-build property is delivered, the buyer is able to note any issues with the property in a ‘snagging list’ and submit this to the developer for him to rectify.

The buyer of an existing property, from a private individual, does not have the same opportunity to chase the vendor for rectification of any “snagging” that is found.

For further examples of the increased protection for new-build buyers, please read the full article.