La vente d’un bien immobilier en France peut s’avérer compliquée si l’on ne connaît pas les règles et les procédures qui s’y rapportent. Cet article examine les étapes à suivre et donne des conseils sur les démarches à effectuer pour que la vente se déroule sans encombre.

As a foreign national selling a property in France, it can be quite a complicated, strenuous and somewhat emotional process especially when one is unaware of the legal and procedural aspects involved. A solid understanding of the French real estate market as well as the rules and regulations in place can help alleviate the difficulties that may arise. This article aims to provide an overview of the steps involved in selling property in France, providing a useful resource to French lawyers who wish to explain this area of law to their English-speaking clients or non-French nationals who are researching this information themselves. From hiring real estate professionals, consulting with a Notaire to finalising the sale, we will explore the key considerations and legal requirements needed to ensure a smooth and successful sale. Whether it is the sale of a charming Parisian apartment or a picturesque countryside estate, this guide will help you navigate the intricacies of the French property market. 

It is no doubt that France is quite an attractive location to invest in real estate (www.notaires.fr), but if one owns a property and wishes to sell, how does one go about this?

One of the major decisions involved in this process is finding an estate agent who will help market and negotiate a price for your property. However, it is important to note that this is not compulsory, some individuals choose to sell their property privately ie. Without the use of a real estate agent. Around 40% of property sales completed in France are done privately but it is often advised that if you are a foreign seller, it might be easier to engage with a real estate agent especially if you are not too versed in the French language or not too familiar with the French property market. This way, the real estate agent can help facilitate the sale, and help act as an intermediary between you and the buyer. This article will primarily focus on the use of a real estate agent. To read more about selling privately visit https://www.frenchentree.com/french-property/selling-homes/should-you-sell-your-french-property-privately-or-use-an-estate-agent/.

Choosing a Real Estate Agent

Some factors to consider when choosing a Real Estate Agent include;

• The level of fees being charged (fees can range between 4% and 12%);
• The proximity of their offices to your property;
• Their marketing strategy and diligence level when it comes to marketing and selling your home;
• Their reputation and experience in their field;
• And perhaps if you are not so proficient in the French language, finding a Real Estate Agent that is bilingual can certainly ease the process.

For more guidance on how to choose a Real Estate Agent, see (https://www.french-property.com/guides/france/sale/estate-agent/) 

Once you have chosen a real estate agent, you will then enter into a written contract known as a Mandat de Vente with your estate agent. This written statement will include information about your property as well as the percentage of fee that the agent will collect. Once a buyer has been found, the next step is to engage with a Notaire. 

What is a Notaire?

Notaires are public officials under the minister of Justice, charged with the responsibility of ensuring transactions and deeds arising from various areas of French law are conducted in a proficient and correct manner. When selling a home in France you are legally required to contact a Notaire. It is often said that Notaires provide a service at very important milestones of one’s life. Whether it be if you’re obtaining a marriage licence, buying a house or organising your estate, you must always consult a Notaire. This is why it is important to choose a Notaire that is right for you. 

Role of the Notaire

During the sale of a property, the Notaire will first collect all relevant information in relation to the property, such as the title deed, the value of the property, information on present or previous authorisations with renovations and constructions on the property, any outstanding mortgages on the property or any valuable information that may have an adverse effect on the present or future value of the property. Details of the buyer as well as their notaire will also be gathered. If the buyer does not have a notaire, they can choose to be represented by the same notaire of the seller. All the information gathered regarding the property is sent to the buyer and the buyer is then given time to decide whether or not he/she would like to proceed with the purchase. Usually a document called a “Compromis de vente” is then signed by the buyer and the seller if they are both in agreement, this will most likely be followed by a 10% deposit sent by the buyer. A cooling off period of about 7-10 days is given to the buyer, allowing them to withdraw out of the sale with no penalty if they so wish to (https://www.frenchlawmatters.com/Assets/pdf/ ).

After this cooling off period, if the buyer wishes to proceed with the sale, the notaire will draw up the Acte de vente (Final deed) and oversee the reading and signing of the deed by both the seller and the buyer. After completion, a copy of the deed is then given to both parties with the original staying with the notaire (ttps://www.frenchentree.com/). They will then oversee the transferring of funds and taxes. After the sale is complete, the final responsibility of the Notaire is to register the title deed with the Land Registry. 

FOR THE TRANSLATIONS OF WORDS IN BOLD SEE LIST BELOW.

Strenuous – Fatigant/Éprouvant

Real Estate Market – Le Marché Immobilier 

Intricacies – Les complexités 

Compulsory – Obligatoire

Seller – Vendeur(euse)

Diligence – Assiduité

Milestones – Événement

Title deed – Titre de propriété

Adverse effect – Effet indésirable

Cooling off period – Delai de réflexion