Making an offer
and the “compromis”
You can make an offer as we tend to in England but try to
be reasonable. There is probably less tolerance of the genuinely
“cheeky” offer. You may offend the vendor and
give the impression that you are wasting everyone’s
time. The agent can advise you, but remember his commission
is also at stake so his opinion may not be entirely without
prejudice.
In France the binding element of the house buying process
is upon you almost straight away. If you fall in love with
a house or you can’t miss a bargain you may be tempted
to offer straight away. If you do, you may be handed a compromis
in short order. The compromis is, (once a seven day cooling
off period has elapsed), a binding document and your deposit
(usually 10%) is forfeit should you pull out. If it is not
handed to you before you leave, it will probably land on your
doorstep shortly after your return.
It is a good idea to have your finances and budget sorted
out before you go so that if the right house is there, you
can deal with it before someone else does. You may also need
your marriage certificate if applicable and your passport(s)
so that the compromis can be drawn up.
The compromis sets out the terms of the sale/purchase, listing
the buyers and sellers and details exactly what is for sale.
We do provide a translation service if you need it. A deposit
of 10% is usually required though sometimes you can get away
with less. Be aware that inheritance of your property must
be taken into account in the contract and it is subject to
French law rather than English.
The compromis does provide for some conditional withdrawal
in the form of what is known as suspensives clauses (clauses suspensives). Examples for this may include refusal of planning
permission or a loan for the purchase being declined. But
beware, the Notaire may ask for details of your loan and may
be able to tell whether your withdrawal is genuine or not.
The seller must provide you with a report on the presence
of asbestos and lead (amiantes et plomb). This report is at
the seller’s expense and again, we can translate if
necessary. In some parts of France this report also testifies
the presence or not of termites. Fortunately our region is
not yet affected with this terrible problem. If the property
is old there will be traces of lead in ancient paintwork and
almost certainly wood boring insects will have been at the
timbers. In England this is a calamity but in France it is
routine. Treat it and move on. (Most beams are made of oak
and the heartwood is incredibly strong even if the outside
appears decayed.)
Remember that surveys are not generally carried out in France as the banks
do not insist upon it. Some English surveyors do operate in some areas but
this option is likely to prove expensive.
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