Are you thinking of buying your house in France? Such a project requires some preparation: determining the budget, choosing the location and looking for the property, looking for financing...
At the same time, you must gather a number of documents to draw up the offer to purchase, sign the preliminary sale agreement, etc. For most of these documents, their presentation is mandatory and is an essential condition for the completion of the project. This is why you must make sure to provide a complete file at each stage of the property purchase process. Follow this guide for details.
The documents to be provided to the seller to present the offer to purchase a property in France
After choosing the house or apartment of your dreams, you must draw up an offer to purchase. This step is not mandatory, however, it will help you seduce the seller and demonstrate your interest in the property in question.
It must mention:
The identity of the future buyer and the seller;
The description and characteristics of the property: exact address, surface area of the land, living area, number of rooms, etc.;
The purchase price envisaged by the future buyer;
The date and duration of validity of the offer to purchase;
Specific clauses (suspensive clauses, for example).
The application must also include:
A document indicating the price and method of financing the property;
A certificate of funding;
A copy of the proof of identity of the future buyer.
Documents to be presented when signing the sales agreement
Proof of identity
You can provide a copy of your ID card or passport.
Remember that proof of address is required if your current address and the one mentioned on these documents are different.
Family proof
Your file must also include a copy of the family record book or the PACS contract, as the case may be.
Good to know: in the case of a purchase for two, the choice of matrimonial regime can have an impact on the effect of the agreements signed throughout the process. If you buy a house or apartment while married under the community of property regime, half of the property will belong to your spouse.
Extract K or Kbis
If the purchase is made in the name and on behalf of a company, the file must also include a K or Kbis extract.
Good to know: whether you are talking directly to the owner-seller or to a real estate agent, remain transparent. Agreeing to provide all the documents requested at each stage of the purchase of the property will prove your good faith.
Certificate of financing
Optional but essential in the completion of the real estate project, the presentation of a financing certificate is advantageous for both parties to the transaction.
On the seller's side, this document reassures him of the buyer's ability to finance his real estate purchase project. For the buyer, this certificate strengthens his or her file and allows him or her to stand out from other buyers. Remember that it often includes a suspensive clause to obtain a mortgage. This means that if the bank refuses to grant you a loan to finance your project, the sales agreement will be cancelled.
The case of a cash property purchase in France
Do you have the possibility of financing the purchase of a house or apartment without borrowing from the bank? Be aware that you must justify the origin of the funds. To do this, you must provide documents justifying:
The accumulation of funds (bank statements, for example);
The sale of another property (shares, real estate, etc.);
The donation or inheritance;
Etc.
The case of a property purchase on credit
If you want to finance the purchase of the property using a bank loan, your file must include:
Documents justifying the origin of the personal contribution - employee savings, donation, personal loan, etc.;
Documents setting out the borrowing conditions.
In this case, the financing certificate must indicate:
The identity of the 2 parties to the transaction;
The amount, duration, interest rate and repayment period of the property loan taken out by the future buyer;
The validity period of the financing certificate.
Good to know: the sales agreement should not be confused with the promise of sale. The latter constitutes a simple promise from the seller that does not bind either the seller or the buyer.
Why establish a sales agreement when purchasing real estate in France?
Before the final sale of the property, the future seller and future buyer establish a written agreement to:
Ensure the legal security of the real estate transaction;
Clarify the expectations and requirements of both parties;
Demonstrate the willingness of each party to complete the real estate transaction.
This document has legal value, but the buyer still has the possibility to reverse his decision and stop the transaction without having to justify his decision under certain conditions. His desire to withdraw must then be notified to the seller by means of a registered letter with acknowledgment of receipt. The withdrawal period is 10 calendar days from the date of signing the sales agreement.
Documents to provide when signing the property sales contract with the notary
At the end of the withdrawal period, you must go to the notary to sign the deed of sale of the real estate. This is an authentic document used to finalize the real estate transaction.
Generally speaking, you have prepared the main documents to present to the notary when establishing the purchase offer and signing the sales agreement. It should be remembered that to finalize the real estate purchase, the notary will also need:
Proof of identity;
Proof of address;
A copy of the loan offer issued by the bank (in the case of financing by loan) or a certificate of source of funds (in the case of a cash real estate purchase);
Proof of family situation (certificate of marriage, civil partnership or divorce, as the case may be);
The sales agreement. “The promise of sale is equivalent to a sale, when there is mutual consent of both parties on the thing and on the price”, according to this article of the Civil Code.
Is it mandatory to go through a notary for a property purchase in France? No, it is not mandatory to go through a notary for the purchase of a home in France. According to the Civil Code, the sale can be made by authentic deed (before a notary) or under private seal (between individuals). However, going through a notary is often recommended to secure the transaction and protect the buyer's rights. |
The case of a foreigner buying real estate in France
Are you considering buying real estate in France as a foreigner? As your situation is quite particular, you must comply with certain specific obligations.
As proof of identity, you must provide a valid passport attesting to your identity and nationality. This document must be up to date.
In the absence of proof of address, you must provide a copy of your long-stay visa.
To make things easier for you, get help from a professional like Iddyl Property. Our French real estate agency can support you from A to Z in your project to buy real estate in France. Let's connect on LinkedIn, on Facebook and Instagram.
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