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ſt er all those years of travelling through France and all those well-read magazines on the coff ee table, you have fi nally identifi ed where you are going to


buy your new home in France. Here are a few tips and pointers to help you skirt around any potential pitfalls.


EXPLORE THE LOCATION Good property agents will talk to you not only about a specifi c house, but also about the location in general. It is vital to know as much as you can about both. As many areas will be subjected to seasonal changes (weather, number of visitors, number of businesses open…) it is good to visit at diff erent times of the year. In addition, you should understand about what development plans there may be in an area. A new TGV rail line being planned may be great news for access, but presumably less attractive if it is intended to pass a few metres from your property. Enquiries can be made of the local authority for such matters: solicitors can help here.


UNDERSTAND THE REPORTS As part of the sale process, the seller has to organise some inspection reports, known as the dossier de diagnostic technique (DDT). It is worth understanding their content in detail – your solicitor can help you. They do not, though, constitute the equivalent of an independent structural survey. While adding more cost to the process, a structural survey should off er you peace of mind. If you choose to commission one, the best advice is for this to take place before the contract is signed. French law imposes upon all parties to a


contract the obligation to be clear about all matters relating to the transaction, and to act in good faith. This means that a seller must declare any defect of which they are aware, and which may have a determining infl uence on the buyer’s decision to proceed. Similarly, the buyer should declare in


advance any points of particular importance.


GET YOUR FINANCES IN ORDER In this respect, if you need to obtain a mortgage off er to fi nance the purchase, this should be declared from the very outset. The need for mortgage fi nance is a common basis for an extra condition in the purchase contract. In France, a mortgage lender needs to see the signed contract as part of its lending assessment process. The buyer declares in the contract how much they need to borrow, and other relevant


Expert Guide l 11


The Legal expert


Matthew Cameron heads the French legal team at Ashtons Legal incorporating Heslop & Platt.


Telephone: 0800 915 6037 Website: ashtonslegal.co.uk


criteria, such as the maximum interest rate they would be prepared to pay, and the length of the mortgage term. If they are not able to source suitable funding, then they are generally entitled to withdraw from the purchase without penalty. Most buyers will have obtained some


sort of reassurance from a French lender or mortgage broker for the amount they can borrow in advance of actually fi nding a property. This is an important step for buyers who do need bank fi nance. It is certainly the case that mortgage funding is a little harder to secure from French banks than it may have been a few years ago and sellers may be sceptical about agreeing to sell to a buyer who requires fi nance. So, a confi rmation of the amount you can borrow should come as reassurance to them.


“Your solicitor will be able to explain the diff erent sorts of conditional clauses that might be suitable for you”


IDENTIFY RENOVATION NEEDS Solicitors with an expertise in French law can help with enquiries about the property, for example, by discussing any development plans. If you need to carry out work to the property, that may mean you should consider negotiating a condition in the contract to allow for this. Would you still want to buy the house if you couldn’t convert the barn into a gîte, or create two new bedrooms in the attic space, for instance? Where such intentions are fundamental


to your enjoyment of the property then your solicitor will be able to explain the diff erent sorts of conditionality that might be suitable for you and look to negotiate the inclusion of suitable clauses. Note that the vendor


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