Step by step legal advice throughout your French property transaction
The property buying process in France is significantly different from that in the UK and the USA. You are not required to use a lawyer when purchasing, however many smart buyers choose to in order to avoid the multiple obstacles that can be both time-consuming and costly.
Keep in mind that it is the French legal system that governs property transactions in France and they are sometimes very different to what you will have been used to. It’s critical to comprehend what’s going on and why at every stage.
Tackling French property transactions with a lawyer by your side, covers these important aspects :
- One point of contact who speaks English fluently.
- Someone with thorough experience of the French legal system to give you a explanation of the purchasing or selling procedure.
- Documents that are explained as needed.
- A central point of contact that can coordinate everyone’s actions.
The complementary roles of the Avocat and the Notaire
For English-speaking customers wishing to buy real estate in France, Bright Avocats provide a somewhat unique service. We have 25 years of experience working with notaires, allowing us to successfully assist in the purchase or sale of your French property.
Assistance from Bright Avocats is – if you wish – conducted entirely in English. Our privileged connections with respected notarial firms guarantee that your transaction will close seamlessly and that you will be steered clear of any nightmarish scenarios that may arise.
Although the property purchasing procedure theoretically starts once you have found a property to buy, it is by far wiser to have an initial contact with us almost before you start looking.
By understanding your legal, family and financial situation we can give you a heads-up on finer details that will come into play further down the property transaction process, and advise you how to act accordingly.
As soon as your upcoming transaction or purchase is prepared to proceed we will get in touch with an experienced notaire, or one of your choice. We then take on the role of your exclusive contact, keeping everyone informed at all times.
We will then handle all the paperwork and information required to draft the preliminary sales contract as soon as feasible, the contract will of course be scrutinised until legally watertight, making sure that it corresponds exactly with your situation. We have seen enough contracts over the years to know that it’s often not what is written rather than what has been ‘forgotten’ !
In addition, if English is your language of choice, we will fully explain the contracts for you as well as the findings and implications of the surveys (obligatory and voluntary) that have been done on the property. We will keep you informed as the purchase progresses and notify you right away if anything out of the ordinary happens.
A property transaction can be handled by any notaire in any region of France. Equally, property purchase legal assistance can be conducted at distance too. It doesn’t matter if the property being bought or sold is physically close by. If specific information is required about a given geographical location then we can contact local authorities and specialists on your behalf. We do our utmost to keep you informed at every turn. What is more reassuring is knowing that the information has been legal-proofed. We’re here to help with explanations and queries at all times.
The notaire’s role, and why you might like some legal advice
Initial Sales Contract
The six essential steps for contract signing
- Both the property to be bought and the price have been decided upon by both parties. Section 1583 of the Code Civil.
- It is necessary to specify the terms of payment. Are you paying with cash or by taking out a mortgage?
- The buyer should confirm that they have sufficient funds to cover the deposit, which is often between 5% and 10%. The ‘notaire’ should retain this money and deduct it from the remaining amount. NB The deposit is given to the seller as damages if the preliminary sales agreement is unfairly breached (again your lawyer will explain what the mitigating circumstances are).
- The ‘notaire’ conducts a thorough legal search on the property for sale. A detailed description of the property is required, together with the land register number (plan cadastral), any rights of way, current mortgages, etc.
- Examination of the property for termites, asbestos, lead (for properties constructed after 1947), gas and electrical installations, natural and industrial risks, and energy efficiency; These surveys are required by law and are the seller’s responsibility. Your lawyer will check whether all the surveys required for the area have been undertaken.
- The deadline for finishing the process and a date for signing the Acte Authentique de Vente, the final deed of sale, must be decided upon. The official procedures typically take three months, however if all parties are on board, a longer or shorter time frame may be agreed upon.
Cooling-off period
Finalisation

Before signing the final deed of sale, the ‘notaire’ takes care of all the relevant paperwork and authorisations. The buyer should make sure they have the building insured when the last deed of sale is signed, again we often assist our clients with this.
The remaining purchase price is now paid, together with the legal expenses. and other state taxes and stamp duties which include the notaire’s fees.
The buyer now has the keys to their new property and the ‘notaire’ provides statements of sale, and send them the title deeds, once they have been registered. The statements of sale are proof that they are the now the owner of the property and the seller with proof that they have sold it (required for cancelling property insurance, etc).
It should be noted that all signings can be organised at distance with electronic signings. Alternatively, all signings can occur by proxy, wherein a person (such as your lawyer) signs on your behalf.
Bright Avocats have advised hundreds of English-speaking buyers and sellers.
If you too would prefer the reassuring peace-of-mind of being professionally, legally accompanied during your French property transactions, then do please get in touch.