Buying Property in the Languedoc: Legal Formalities

Bizarre as it sounds, you should make sure that you have a right to get to your property. It is not unknown for properties to be sold off without a legal right to get to them. Even if you can get to your house over someone else's property, do you have a right to drive to it? Do you have a right to lay electricity cables and drainage?

Both parties sign the compromis de vente, generally in person in the Languedoc, in the presence of the notaire, though procurations can be arranged by which one person can sign of behalf of another. After signing the compromise there is a 7 day "cooling-off" period during which the purchasor can change his mind without legal recourse.

The details of the compromis are transcribed by the notaire onto another document called an Acte de Vente. Signing this document corresponds to "completion" and the balance of the purchase price is due immediately - which means that banks will have to be primed ahead of time. The notaire will need to establish that you have third-party insurance for the property before completion.

Some sales are executed using a promesse de vente rather than a compromis de vent. With a promesse de vente the vendor sets out the sale conditions. Once the buyer agrees, the effect is much the same as in a normal compromis.

The purchasor is responsible for legal costs and for taxes relating to the sale. For new buildings (less than 5 years old) the notarie's fee will be 2% to 3% of the purchase price. For older properties you can expect to pay 7% to 9%, but this covers the French equivalent of legal fees, conveyancing, stamp duty, and land registry.

After all the formalities are completed the buyer is issued with an attestation - a certificate proving ownership of the property. The notaire keeps the title deeds, but the transfer is registered with the land registry, and the notaire should send you an official copy within three months.