Ideas On Buying Property In France

It's a cliche to say that the French usually do things differently from the British. The French change it around and say that the Brits do things in a different way from everyone else. However like all cliches there's a fundamental truth.

Disclosing problems in a house purchase is a very good example. The underlying principle in English law is "buyer beware" – put simply, it is up to the customer to determine the nature of what he is buying. A vendor isn't allowed to misrepresent: however, if someone sells "a house" he is not thereby required to inform the customer exactly what is wrong with it. It is up to the buyer to inspect and find out.

This is the underlying reason behind the advisory providers encompassing a British property purchase. A surveyor will give you an expert inspection intended to discover any concealed defects. A solicitor will take a look at the legal aspects, carry out local searches, raise a long list of queries and summarise the ramifications. When a buyer is satisfied he knows everything about the property that there is to know, he'll feel in a position to proceed.

Vice cache

In France the onus is put on the vendor. The buyer is not expected to undertake any serious analysis. The notary will provide him with evidence of title and details of any registered costs and 3rd party legal rights. But apart from that the vendor must act "in good faith" and also to disclose flaws in the house. A deficiency that's deliberately not disclosed by the seller, and which subsequently materialises, is referred to as a vice cache or hidden defect. The customer can turn upon the vendor after the sale and require either a reduction in price or perhaps a cancellation of the transaction.

What type of things are we discussing? In essence, something that makes the property insufficient for the planned use, or which renders the use so totally different from that which was intended that the customer wouldn't have purchased it, either at the price arranged or at all. This may be something outside the property itself – for example excessive noise in the general vicinity. Or it might be an interior issue, like a falling wall that the seller has disguised.

In practice, there is generally an element of deceit required if a claim is to work. Purchasers are required to undertake a degree of inspection, such as any prudent person would. In addition, the many reports that the seller must provide (termites, asbestos, electrical installation etc.) remove legal responsibility as regards matters covered inside the reports.

Taking things on trust

A foreign buyer, bemused by the functions of the French system, not to mention the language, tends to depend on the ethics of the people he is working with. If he's told that the seller needs to make sure he understands of all defects he might be relaxed. But he would be foolish to rely on it without examination and confirmation. First, he may not understand what he is told. Secondly, once he has paid his money he will have to undertake courtroom proceedings in France to be able to obtain redress. Thirdly, the vendor may have disappeared over the horizon. Fourthly – well, you get the drift.

Unlike what many French believe, buyers of property in France are not particularly well protected. The notary will advise as well as he can, but he is supervising a transaction rather than taking one side in opposition to the other. The system of liability for hidden defects gives an ex post facto remedy that may be difficult to enforce.

Solutions

It is all very well indicating a challenge, but what of the answer? Hiring a UK legal adviser versed in French legislation may help, but in my experience it has a tendency to complicate the chain of communication and build more misunderstanding than the reverse. I am more in favour of people exercising basic common sense. The notary will verify title, to ensure that should not be an issue. Getting a survey from a UK-qualified surveyor resident in France ought to remove any niggles about the solidity of the structure. As for other matters, you shouldn't be bamboozled by estate agents neglecting concerns of yours until they've given an explanation which you fully understand. And if you have any serious problem, obtain the response on paper.

The fundamental rule in this as in other key decisions is to make sure you understand what is at stake and take adequate time to make a sensible decision, without being overinfluenced by emotion or people with other interests at heart.

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