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French property advisers:
Buying a property abroad can be difficult at the best of times. If that property is in France, Barney & Co are in a position to assist you with all legal matters relating to your domestic property purchase.
As English solicitors we are not able to act as the French Notaire in relation to the sale or purchase. What we can offer you however, is advice which may assist you in avoiding the pitfalls that befall many UK nationals when selling or purchasing a property in France.
One pitfall which buyers should avoid is to sign the contract to purchase a French property (called a “compromise de vente”) which is often prepared by the French estate agent (“immobilier”) without first obtaining advice from Barney & Co. If you do so you could find yourself legally obliged to purchase the property (or forfeit the deposit you pay) even though the contract has been drawn up without you first having found out whether there are any undisclosed matters such as the rights of other persons across the property or whether you have rights to way to get to the property or the use of essential utility services.
In the course of acting for people buying property in France we have come across instances where, for example, there was a legal right of way through the building which the estate agent had not told our client about.
You have to be aware that the French Notaire (who is a French Government appointee) acting for both parties (as is normally the case) on the purchase of a property does not actually act for or owe any duty towards either of the parties. He or she does not fulfil the same role as a Solicitor does in England. The Notaire’s duties are exclusively to “the transaction” (or more likely to what he believes the transaction to be) such that it is not his duty to point out to the buyer the legal defects or problems which may exist in respect of the property.
As a dedicated firm of French property solicitors, having been through the process personally, we can offer you guidance over and above that of the French Notaire regarding problems that may come out of the sale / purchase of a property in France.
Whether it's a ski chalet in the alps, a retirement home near the Pyrenees or a holiday hideaway in the Dordogne region, Barney & Co will be able to assist you with all legal matters.
We can and do also assist clients in respect of the French rules of succession which may prevent you on your death leaving the property except in accordance with those rules. This is particularly important if you or your spouse or partner have any child (even one born out of wedlock) by a previous relationship. These rules are a minefield for the unwary.
If a death occurs of a UK national owning property in France, we can also assist in connection with the intricasy surrounding the transmission of its legal ownership.
Mrs L Y of British Columbia Canada writes about our services as follows:
“On behalf of my sister and I, I would like to express a huge appreciation and thanks for your expertise and diligence in the matter of our late sister's estate in France.
Our initial reason for engaging your service was to assist in the translation and understanding of the plethoric volume of legal documents requiring our signatures and immediate payment of succession tax quoted therein. Your familiarity with the language, and your expert knowledge and evaluation of the complexities involved in the calculation of the French succession tax quickly uncovered a significant error, which undoubtedly, we would have paid had we not engaged your services. Furthermore, you identified exemption of these taxes for my sister due to her recognized disability in Britain.
Without a doubt, you have saved us tens of thousands of euros.
Once again, many thanks.”
If you would like assistance or an explanation to the bureaucratic hurdles that need to be overcome in purchasing a property in France, then please call David Barney on 01458 270 296, or e-mail him at david@barneysolicitors.co.uk.
Please contact David Barney directly on 01458 270296 or 07766095865 for a free initial discussion of your requirements relating to the purchase and sale of French Property and our ability to satisfy them.*
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