Q& W
hat is the diff erence between a notaire and
a lawyer specialised in providing French property advice? Can I choose which I use, do I need to use both or indeed, can I have both?
ANNIE DIGBY of Guellec Digby explains (
guellec-digby.co.uk): The use of a notaire is compulsory in a French property transaction and buyers are free to choose their own notaire, although in practice they tend to use either the seller’s notaire (who holds the seller’s title deeds if the notaire dealt with their initial purchase) or one recommended by the estate agent. The purchaser pays for the
notaire’s fees and expenses when there is only one notaire dealing with the transaction.
Need advice? Put your problems to our panel A Annie Digby Alternatively, the seller
and the purchaser may appoint their own notaire , in which case both notaires’ fees and expenses will be shared equally between the seller and the buyer. Notaires are government
offi cials who can act for both parties. Their role is to make sure that the transaction is legal and registered correctly. They are not familiar with the concept of duty of care that we
Ask the experts
NOTAIRE, SOLICITOR OR BOTH?
have in the UK legal system and they will not deal with contentious matters. The decision to have one or two notaires is a personal one. It can be argued that the appointment of two notaires could cause some delay but if diffi culties arise, it is
preferable to have one notaire acting for each party in the
hope that they will protect their own clients’ interests.
This is where the use of a
lawyer specialised in providing French property legal advice can be benefi cial. Although there is no obligation to have one, they will provide independent legal advice and act in the best interests of their clients as their fees are not dependent on the completion of the transaction.
A lawyer will explain the
terms of the draft ‘compromis de vente’ and ‘acte de vente’ contracts and associated
WILL WE GET ANOTHER LONG-STAY VISA?
I hope you can ask one of your experts for their opinion on the following scenario, please. It is a problem faced by many second- home owners. My husband and I own a second home in France and have applied for a long-stay visitor visa this year, as we did last year. It should last until November this year. Are we then allowed to travel
to another EU country for a couple of weeks in the months following November and, if we do, will it aff ect our ability to get a long-stay visitor visa next May (when we will have been away from France for the requisite six months)?
The short answer is no, you are not allowed to travel to another EU country if you have used up your visa allocation in France. The French long-stay visa is
Louis Varaut
LOUIS VARAUT of 186 Legal, a partner of French Connections HCB replies (
frenchconnectionshcb.com): Many people are confused by the rules about the Schengen zone.
90 FRENCH PROPERTY NEWS: July/August 2023
the equivalent of the Schengen long-stay visa and the same rules apply to both, whether you stay in France or travel to other Schengen countries. When it comes to the 90/180
rule, it applies whether or not you have a visa in place. It is not a separate entity. So, if at the end of your visa you have spent less than 90 days in France in the last 180 days, you can stay even if the visa is not valid anymore. But if you have spent more than 90 days in France
in the last 180 days – which is the case here – you cannot benefi t from extra days. However, there is another
solution that could work very well for you. Instead of applying for a six-month long-stay visitor visa, why not apply for a 12-month visa? The process is very similar but the benefi ts are huge. It allows you to come and go as you please and, at the end of the 12 months, you can extend it without necessarily having to leave France. You can even apply for residency. One watchout is that, in
general, if you spend more than six months a year in France, you are considered a French resident.
documents in writing and in plain English. Clients have a written record for future reference, which is not the case with notaires. A mere translation of documents by a translator or estate agent is not suffi cient as clauses are sometimes missed out and therefore cannot be translated. In addition, an independent lawyer will advise a buyer on
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60 |
Page 61 |
Page 62 |
Page 63 |
Page 64 |
Page 65 |
Page 66 |
Page 67 |
Page 68 |
Page 69 |
Page 70 |
Page 71 |
Page 72 |
Page 73 |
Page 74 |
Page 75 |
Page 76 |
Page 77 |
Page 78 |
Page 79 |
Page 80 |
Page 81 |
Page 82 |
Page 83 |
Page 84 |
Page 85 |
Page 86 |
Page 87 |
Page 88 |
Page 89 |
Page 90 |
Page 91 |
Page 92 |
Page 93 |
Page 94 |
Page 95 |
Page 96 |
Page 97 |
Page 98 |
Page 99 |
Page 100 |
Page 101 |
Page 102 |
Page 103 |
Page 104 |
Page 105 |
Page 106 |
Page 107 |
Page 108 |
Page 109 |
Page 110 |
Page 111 |
Page 112 |
Page 113 |
Page 114 |
Page 115 |
Page 116 |
Page 117 |
Page 118 |
Page 119 |
Page 120 |
Page 121 |
Page 122 |
Page 123 |
Page 124 |
Page 125 |
Page 126 |
Page 127 |
Page 128 |
Page 129 |
Page 130 |
Page 131 |
Page 132 |
Page 133 |
Page 134 |
Page 135 |
Page 136 |
Page 137 |
Page 138 |
Page 139 |
Page 140 |
Page 141 |
Page 142 |
Page 143 |
Page 144 |
Page 145 |
Page 146 |
Page 147 |
Page 148
