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A few case histories
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| Brian
and Helen found a riverside property they
wanted to buy, but were worried about
possible flooding. The agent assured them
there was no problem because "the
local Mairie said they could get planning
permission for an extension". We
asked the agent to insert a clause
confirming the land was not in a flood
risk area - and they sent a copy of the
local planning regulations. So we inserted
a clause ourselves - and the agent came
back in a panic saying it was actually in
a "low risk" flood area. Brian and
Helen did their own risk assessment and
decided to continue, but now they had the
facts. |
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| "We
decided to buy a renovated old property
as seen. It had been around for 200 years
so we thought it would be good for our lifetimes.
Two years and a few water leaks later, we
discovered many of the roof timbers were
rotten and the tiles slipping. Had we known
at the time we would have negotiated a better
price. A survey would have cost a fraction
of our re-roofing bill."
We
know surveyors in some parts of France who
will produce a UK style survey. In other
areas we will find architects to check
your property.
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have handled a case where the husband died
in the middle of a sale, leaving a widow
and three children in the UK. French law
allows children to hold land, and
succession law made them automatic heirs;
UK law does not allow children to own
property. We were able to manage their
sale through to completion, and even to
get approval for the children to invest in
another French property with their mother.
We have also had occasions where
purchasers die before completion - and
always look to include a clause allowing
the survivor to pull out in such
circumstances. |
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We
know an Englishman abroad restoring an old
farm who is installing English plugs and
sockets throughout - his problems will start
if he tries to resell when he has finished
the work. He may be lucky and find an English
buyer! If he is unlucky and has a fire,
his building insurers may not respond for
this reason. Another restorer used best
English D-I-Y to rewire his house; none
of it conformed to French regulations so
it all had to be replaced. You must follow
local standards - especially if you plan
to let or eventually sell your property.
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| French
inheritance law is unlike its English counterpart.
You do not have complete say in who will
inherit your property. Double-guessing the
law has its own risk - one couple bought
in the name of their English resident daughter,
"in case something happened to us".
When they sold, she was liable to capital
gains tax because it was her second home
and improvement work they had done was not allowed
because invoices were not in her name.
They had been resident in France so they would
have paid no tax, and their daughter would
have inherited anyway under French law. |
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| "Our
first mistake was to agree that the seller's
notaire, whose office was some distance
away, should act instead of the local one.
It soon became clear that he was not going
to look after our interests when he referred
to the sellers as "mes clients"!"
In another case, the estate agent assured
the buyer that he did not need his own notaire.
Fortunately he ignored this advice as
"his"
notaire promptly uncovered VAT liabilities
and an undeclared mining right.
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The
Old Granary, Low Lane, Cuddington, Bucks HP18 0AA
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Telephone:
0870 748 6161
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Email: info@ahomeinfrance.com
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©
A Home in France 2006 All rights reserved
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