This is the preliminary contract between the buyer and vendor which sets out the exact conditions under which the Acte de vente will be completed and how the transfer of the property will take place.
It is a binding contract that is signed before any conveyancing takes place by the notary.
There is, however, a seven day cooling off period during which the purchaser may pull out without forfeiting any of his deposit (usually 10% of the purchase price). This period begins from the time the buyer receives a signed copy of the compromise and if you decide to pull out of the transaction then you must inform the notaire by written confirmation BEFORE the seven days are over. The buyer does not have to give any particular reason for this and should expect your deposit returned to you within 21 days of the notaire receiving the letter. It must be noted though that if the purchaser pulls out of the deal after this period then you are liable to losing the deposit unless any of the conditions suspensive (conditional clauses) are not met.
The Compromis de vente can be signed either at the estate agency itself or at the notaire's office. It can be drawn up by the estate agency or by the notaire - it is always safer to sign one prepared by a notary as it is more likely to protect you and include more details on the transaction.
The notary should spend some time with you on the details of the transaction and outline any conditions suspensives such as the contract being subject to mortgage approval for example.
Information held within the compromis:
? Details of the purchaser and vendor- You will be asked to provide information on your civil status which includes the following: Full names, contact details, passport copies, professions, birth and marriage certificates and details of ex spouses
? Title details of the property
? A description of the property and a map of the plot showing its exact location within the commune shown by the plan cadastral showing the borders of the property and what buildings are included in the purchase
? The price of the property
? The agreed deposit which is usually 10% of the price of the property (excluding the estate agent's commission). This deposit will normally be held by the appointed Notaire and should be in his account upon signing so be prepared and make sure that you have enough cleared funds to do this
? Circumstances when the deposit may be forfeited (e.g if the buyer pulls out AFTER seven days of receiving the copy of the signed Compromis)
? Declarations by the vendor and obligations of the purchaser
? Certificates of lead, asbestos and termite surveys (detailed below) or arrangements for them
? Conditional Clauses that must be fulfilled in order for the sale to take place. These include the standard clauses pertaining to the searches conducted by the Notaire (e.g limitation on the property being used for its intended purpose), claims on the Title, mortgage acceptance etc. Also additional clauses can be inserted if agreed by both parties such as building work to be completed or servicing of boiler, planning permission etc.
? Penalty clauses describing what action is taken if either side fails to fulfil his/her part of the deal
? Declarations on both the buyer and seller's capability to fulfil the contract
? Details of (Frais de Notaire) Notary fees
? Target completion date
? Inventory of items included in the sale
Fortunately in France the law states that the vendor is under a legal obligation to not withhold any information form the buyer and thus the purchaser is very well protected. This includes the following information necessary for the signing of the compromis to take place:
1) The asbestos survey - Any property built before the 1st of July 1997 must be accompanied by a certificate detailing whether or not asbestos is present in the building materials used in its construction which is valid for one year
2) The termite certificate - The vendor must show a certificate dated within the last three months showing the absence of termite infection within the property. If the certificate shows that there are in fact termites in the building then he must eradicate them at his own expense and provide a new certificate showing that the building is now free from termites
3) Lead certificate - If the property was built before January 1st 1948 and is located in an area which has been identified by the prefecture as an at risk area for containing lead then a certificate must be produced showing its presence or not
4) Certificat de la loi Carrez - A certificate showing the surface area of each house or flat in a co-owned property
Those four certificates above are essential to have before the compromis is signed and they are all provided by the vendor. Additional information set out below must also be supplied by the vendor as the notaire carries out the conveyancing:
1) The rental status of the property
2) A certificate to show that the property conforms to the building regulations
3) The building permission for the property
4) Whether or not the property has construction insurance if it is less than ten years old or if it has had some work done to it in the last ten years
5) The heating system
6) The gas supply
7) The safety standard of the swimming pool
8) The drainage system
It is also useful for the buyer to check to see if there is any planning permission on adjacent or nearby property and find out exactly what it is so that you know you are not buying something that will for example shortly have a high rise apartment block built next to it. You can do this simply by visiting the local Mairie (town hall) and asking for it.
If you want to know more about the overall process of buying a property in France, see our articles at http://www.leapfrog-properties.com/articles/
Good luck!
Nick Dowlatshahi is the managing director of Leapfrog Properties, a UK specialist agency in French property. Leapfrog offer an online database of up to 200,000 properties for sale in France plus a personal service from fluent French speakers to help you find, view and buy your property. Leapfrog Properties website is at http://www.leapfrog-properties.com.
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