Legal advice
Legal support on the French Riviera
In the property buying process in France the key character is the French notary whose mission is to check the ability of the buyer to buy and the seller to sell the property. The notary also makes all necessary inquiries about the property.
Payment for the property transaction in France is also made through a notary’s special account. The notary oversees the transaction to check if all taxes and fees are paid.
He advises you about the form of acquisition (individual ownership, or through a French or Monaco civil company, called “SCI”). He also advises on French taxes and inheritance law.
The notary prepares and legalises the sales agreement and all related documents.
He can recommend you the more specialised lawyers in fiscal optimisation or international law if necessary.
I will recommend for you a fluent English-speaking notary working with international clients.
Often the buyer and the seller take different notaries in France who prepare then the sales agreement together.
If you wish to seek legal advice from your solicitor for reassurance, he can work together with your French notary, who is the only person authorised to set up a sale transactions in France, but it’s important to understand the vital role of the notary in France.
It’s also possible for both sides to employ the same notary for the deal if the buyer and the seller both agree.
If you can’t be present personally for the preliminary or (and) final contract, the notary will prepare a power of attorney and can sign on your behalf.
Since the pandemic in 2020 an electronic signature has been introduced in France for the purchase of the property in your absence.
It’s like an online meeting with your notary, who legalises your signature on the contract in an authentic way.