Once price has been agreed on by both parties, we draw-up the "compromis" or preliminary contract. For this,we need to retrieve a number of documents from the vendor including his title deeds, and then prepare a thorough legal document. After signing this, the buyer has a 7-day withdrawal period and we can only submit the contract to the Notary once this 7-day period is up.

The Notary then sets about his conveyancing, which basically involves :
- verifying the full legal identity of the seller and buyer,
- checking the vendor's legal rights to sell the property and that there are no outstanding loans or mortgages on the property than cannot be covered by the selling price,
- identification of the property and it's cadastral references,
- contacting the local authorities to check that there are no planned restriction or developments that would prevent the buyer from putting the property to it's intended use,
- verifying rights of way, servitudes to neighbouring properties, details of lease where a property is sold with a tenant in place,
- addressing preemption issues.

A certificate of "free title" is obtained from the equivalent of the land registry (Conservation des Hypothèques) and a certificat d'urbanisme is obtained from the local authority which declares any administrative requirements or restrictions which apply to the property.

Once all the above has been verified, the "temporary deeds" are drawn-up and completion can take place. The final deeds are sent aproximately 6 months afterwards by the land-registry administrative office.

You will be liable for capital gains tax in France when you resale your property in the following cases:

• The property is a holiday home and not your main residence
• It is your main (and only) residence but you are NOT registered in the French tax system* or have not been in the French tax system for 2 years prior to selling.


You will NOT be liable:

• If you have owned the property for more than 15 years
• If the property is your main home and you are in the French tax system*, and have been for 2 years prior to selling.


In order to qualify as being in the French tax system, a tax return declaring your earnings (“Déclaration des Revenus”) must have been filed with the French tax authorities. Merely paying “taxe d’habitation” and “taxe foncière” does not qualify you as being in the French tax system.

Even if your earnings in France or anywhere else are “zero” – a tax return still has to be filed.

NO

The laws of succession applying to your French property will be the law of the place where the property is situated.

However, for moveable assets (savings, bank account, shares etc...) the succession is governed by the law of the last habitual tax residence.

For advise on inheritance law (which is very different in France) you can seek advise from a French Notary and indeed he can help you draw-up a will in France which will apply to your French estate.