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01/04/2008, 9:21 darnsarf Joined on 19/01/2006 31 (just) Posts 112 Re: Selling our house in France We used the two-notaire' approach when we bought a couple of years ago. We also used a UK (french dept) law firm, partly as advisors on inheritance issues etc, partly as translators (expensive for this!) and partly for 'general wellbeing'. I chose a local Notaire who claimed on his site to speak english. In the event, his english was far worse than my french. The seller's Notaire was the one who handled the seller's original purchase. By stroke of bad luck, and despite being 30 miles apart, my Notaire used to work for the seller's one and the two hated each other! Further, my Notaire didn't get on with the local Mayor either. The two Notaires squabbled throughout the process, blaming each other for every typo and delay. It was OK in the end though and I think I'd still prefer the 'two Notaire' approach if only to ensure that things are more likely to be checked. The problem though seems to be that Brits tend to see the Notaire as a 'lawyer', not a 'processer of paperwork'. I was less than impressed with the Notaire system. That said, we did use the same Notaire when buying a nearby barn and it all went very smoothly (but maybe because the seller was the regional bigwig!) Whether selling or buying, I still think it's a good idea to have a lawyer protecting your interests.    Report

01/04/2008, 9:47 Ron Avery Joined on 29/11/2004 Aveyron 12 Posts 3,355 Re: Selling our house in France  I think I'd still prefer the 'two Notaire' approach if only to ensure that things are more likely to be checked. The problem though seems to be that Brits tend to see the Notaire as a 'lawyer', not a 'processer of paperwork'. I was less than impressed with the Notaire system. That said, we did use the same Notaire when buying a nearby barn and it all went very smoothly (but maybe because the seller was the regional bigwig!) Whether selling or buying, I still think it's a good idea to have a lawyer protecting your interests How you come to those conclusions based on your experiences is beyond me,  How can you be "less than impressed" with a system that you didn't actually use? By appointing your "own " Noitaire you invited confrontation and complications. You then say that when you did you use the Notaire system as intended you found it worked well, yet you then prefer the UK approach of having your own solicitor A Notaire is a lawyer and deals with the sale, he/she is not the buyer's or seller's representative.  In most cases the two Notaire approach is only used by the English who cannot accept that the French have a different way of doing things and insist on bringing their outdated, expensive and confrontational house buying system with them.  Why not post a sensible answer, people will appreciate it more    Report

01/04/2008, 9:55 cooperlola Joined on 05/05/2006 72 - Sarthe - home of les 24 heures du Mans Posts 6,418 Re: Selling our house in France Don't beat about the bush, will you, Ron? Unless there is a major language problem, then I agree that using one notaire is much simpler and quicker.  There's a real upside to having all the paperwork dealt with by one person, but ultimately, it's your choice. Healthcare Issues Site    Report

01/04/2008, 10:00 darnsarf Joined on 19/01/2006 31 (just) Posts 112 Re: Selling our house in France The tone of your response suggests you enjoy the confrontational approach you appear to abhore. As I pointed out, I used the two Notaire system and the single Notaire one. The latter was for a cheap barn purchase of about 20K Euro and not a big deal. It was my UK lawyers who intervened on the house purchase and re-drafted all manner of clauses on the CdeV which would not have occurred to the Notaires -  and they were firmly in my interests. Call that confrontational if you like. It was my purchase and I wanted my representative to protect my interests. "A Notaire is a lawyer and deals with the sale, he/she is not the buyer's or seller's representative" Exactly my point. If paying for a professional to represent my interests is "outdated, expensive and confrontational" then bring it on.    Report

01/04/2008, 13:42 P2 Joined on 13/09/2006 Posts 289 Re: Selling our house in France We appointed our own notaire when buying our house. The reason being that the sellers notaire spoke no French and the agent offered to translate. Two things wrong here. Firstly, buying in another country I should have spoken the language, and my grasp is not that good but improving. Secondly, I felt that the agent was in a position of not being impartial - sale goes through and get the commission. However, there was no basis for my thinking this other than there being a possible conflict of interest. We appointed an English speaking notaire. The C de V was signed at the sellers notaires. The acte was signed at our notaires. At no point did we feel there was any animosity about us doing this. The signing of the acte was carried out in English (sellers also English) and our notaire occassionally telling the sellers notaire and also the agents boss what had been said. This was all carried out in a very pleasant way and commenced with the notaire telling the sellers to hand over the keys. If I did this again - unless I had a very good grasp of French I would choose an English speaking notaire. Paul    Report

01/04/2008, 14:56 Ron Avery Joined on 29/11/2004 Aveyron 12 Posts 3,355 Re: Selling our house in France  It was my UK lawyers who intervened on the house purchase Say no more DS.  Good to know you employed French property experts and your own Notaire........  Why not post a sensible answer, people will appreciate it more    Report

01/04/2008, 16:27 darnsarf Joined on 19/01/2006 31 (just) Posts 112 Re: Selling our house in France  Ron Avery wrote:  It was my UK lawyers who intervened on the house purchase Say no more DS.  Good to know you employed French property experts and your own Notaire........  Not sure I understand, given your use of icons. Have I missed something?      Report

01/04/2008, 17:52 Ron Avery Joined on 29/11/2004 Aveyron 12 Posts 3,355 Re: Selling our house in France Yes, DS you have!!  I'm not being deliberately confrontational, but you advocated to all the boys and girls on here looking for advice on buying in France that they should appoint their own  Notaire, everybody assuming, well me any way, that you meant a French Notaire.   You then throw in you used UK lawyers.  For what purpose ,to review a contract drawn up under French law? So  what are you recommending and based on which of your experiences?   Are you saying based on your bad experience I would use a UK based lawyer and a qualified experienced French Notaire or based on my good experience I would use a French Notaire agreed with the seller?. Why not post a sensible answer, people will appreciate it more    Report

01/04/2008, 18:16 Jacqui Too Joined on 23/08/2004 Shropshire / Dordogne 24 Posts 703 Re: Selling our house in France  darnsarf wrote: The tone of your response suggests you enjoy the confrontational approach you appear to abhore. As I pointed out, I used the two Notaire system and the single Notaire one. The latter was for a cheap barn purchase of about 20K Euro and not a big deal. It was my UK lawyers who intervened on the house purchase and re-drafted all manner of clauses on the CdeV which would not have occurred to the Notaires -  and they were firmly in my interests. Call that confrontational if you like. It was my purchase and I wanted my representative to protect my interests. "A Notaire is a lawyer and deals with the sale, he/she is not the buyer's or seller's representative" Exactly my point. If paying for a professional to represent my interests is "outdated, expensive and confrontational" then bring it on. I can agree in part with what Darnsarf is saying, We chose our Notaire (because he spoke some English, and we knew that our seller was a little dodgie (another story) and we didn't feel comfortable using his notaire) We were satisfied that the first contract was OK, but when we were sent the final contract here in England we felt a little out of our depth trying to translate the French legal jargon, so we had it translated and checked over by a lawyer here who specialises in french property law, it cost us another £500 but it was worth it, she definitely earned her money buy pointing out a few things that were not 'as they should be' and we felt a whole lot better for it. Yes belt and braces but our purchase was the first time we have bought in France and we didn't want things to go wrong.  Jackie    Report

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