Category Archives: Buying property in France

Buying property in France, Certified translation

How much does a certified (sworn) translation cost in France?

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Before I answer the question, a little terminology. Although many people say “sworn translation” and “traduction assementée”, the correct terms are “certified translation” and “traduction certifiée”. It’s the translator who is sworn or assermenté by the court, not the translation.

Standing in front of the Appeal Court of Orléans before being sworn in

First, what exactly is a sworn translator (traducteur assermenté)?

In France, a sworn translator or “traducteur assermenté” is also an “expert judiciaire” and attached to either a Court of Appeal (Cour d’appel) or the Cour de Cassation (Court of Cassation or Final Court of Appeal). There is a second list of translators, known as the “liste du procureur ou TGI” but they are not “experts judiciaires” and mainly used for court work in rare languages.

How do you become a sworn translator?

To become a sworn translator, you must have French nationality and be able to prove that you are capable of translating any documents that may be required by the court, police authorities, etc. You do not have to be a professional translator but knowledge of the legal system in France and the countries in which your foreign language is spoken, is essential. The application process takes a year and candidates are approved by a council of sworn translators at the Appeal Court where the application is made.

There are two separate categories: translation (written) and interpretation (spoken). You can apply for one or the other or both and for just one language or several. Applications are submitted in January and the translators / interpreters are sworn in during December. The initial accreditation is for 3 years, followed by 5-year renewal periods, provided the translator/interpreter has fulfilled their obligations.

How do you find a sworn translator?

You can find the list of sworn translators on the website of the Cour de Cassation: https://www.courdecassation.fr/informations_services_6/experts_judiciaires_8700.html Lists are available on other websites but they are mainly designed to offer translation services. You can use the services of a translator anywhere in France.

What are the rates for translations?

Rates for court translations and interpretations are strictly controlled (and not very well-paid).

There are no official rate recommendations concerning certified translations for private individuals. Rates are left entirely up to the translator.

Why do sworn translations always seem so expensive?

A sworn translator is like any other self-employed person in France. They have to pay social contributions in addition to overheads (computer, official stamp, colour printer, paper, envelopes, stamps, wifi connexion, office space, heating, etc.). Some translators have to charge value-added tax of 20%.

The Court also requires that sworn translators attend at least one training session a year.

The documents translated for private individuals vary enormously which makes it impossible to propose a “set rate” for most documents.

The most time-consuming part of many certified translations is the layout as the translation has to resemble the original insofar as possible. Once you have the templates in your computer, the translation itself may not take very long, but you need to accumulate a lot of templates. For example, there are at least 10 different UK birth certificates and the same number of French driver licences. There is a different birth certificate for each state of the United States, not to mention marriage certificates which often have a licence attached. Each state of Australia also has different documents. Driving licences and driving records vary considerably from one country to another and from one state to another.

Scanning documents to make pdfs can take time as well. First, you have to print the original and translation, then stamp all the pages, add a register number and sign them. You then have to scan them one at a time and create the corresponding pdf files.

So, what about actual prices?

The price of a fairly standard birth or marriage certificate can vary, according to the translator and the origin of the document, from 25 to 65 euros or more. The best solution is to find a translator who is specialised in your country’s documents e.g. UK, Australian, US, etc. as they will be able to offer better rates because they already have a lot of the templates. Some translators offer a discount for a large number of documents (naturalisation application, for example).

For one-off non-standard documents, the translator usually charges per word. It seems that the price ranges from about 18 centimes a word to 25 centimes. For longer, more complex documents, it is best to use a translator whose mother tongue corresponds to the target language.

As a sworn translator, I have come to specialise in UK and Australian civil registration documents (birth, marriage, divorce, adoption certificates), Australian and US driver licences and records, French civil registration documents, French driver licences, French diplomas and transcripts (diplômes and relevés de notes), French real estate documents including promesse/compromis de vente, acte de vente and procurations (power of attorney).

What will you need to give the translator?

In the past, before the existence and widespread use of email and scans, translators asked to see the original documents.

Today, many translators work via email particularly with the increase in on-line applications for applying for titres de séjour and exchanging driver licences, for example. At some stage, the applicant will be required to submit the original documents so the authorities will be able to compare them. A copy of the original always accompanies the translation. It is unusual these days to stamp originals.

If working by email, you will need to send the translator a proper scan of the document, not just a photo with your phone. UK documents, in particular, are often outsize and you may need to go to a printer or photocopy shop and have them scan the document and send you the file.

The translator will then give you a quotation and turnaround time and ask to be paid in advance by bank transfer, PayPal, Revolut, etc.

I usually send a pdf of the translation to the customer to check name spelling and numbers in order to avoid errors.

The translation is then printed out, stamped and signed and assigned a number from a register kept by the translator. The translation and original are then stapled together unless a pdf is required.

If a hard copy is needed, I prefer to send it by “lettre suivie”, which is a tracked letter that arrives in the customer’s letterbox.

The French authorities always require the original translation and not a photocopy unless it’s an on-line application, so you may need to order more than one copy. There will be an extra cost.

If you are interested in having a document translated, you can consult my website www.kneipp-translation.com and send an email to kneipp@kneipp-traduction.com to obtain a quote.

Accommodation, Buying property in France

Buying Property in France # 1 Finding your dream home

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Even when you speak the language and have lived your whole life in a country, buying a property can be stressful and challenging. Doing so in a foreign country makes it a little more complicated.

I have lived in France for over 40 years and have been directly or indirectly involved in the sale or purchase of a large number of properties. Real estate rules have evolved over the years and regulations are much stricter than before.

There are basically two ways of buying property in France: you can deal directly with the owner or go through a real estate agent or website. In both cases, the final sale will be handled by the notaire. “A Notaire is a legal specialist with a public authority mission who draws up authenticated contracts on behalf of his clients. He is self-employed”.­ The notaire himself also sells properties on commission.

1/ Buying through a real estate agent or website:

Real estate agents have to have a licence and a diploma, which requires a minimum of 2 years’ training after the end of high school. Those with higher diplomas (bachelor’s or master’s degrees) are entitled to draw up a promise to sell and manage apartment buildings.

In France, the real estate agent’s fees (usually 5 to 7% of the sales price) are nearly always paid by the buyer. The promise to sell agreement is included in the fee but the buyer and seller can choose to go through a notaire. Agent’s fees are different from notaire’s fees and taxes.

2/ Buying directly from the owner:

With the many possibilities offered by the Internet, more and more people want to avoid the real estate agent’s commission and buy directly, through French websites such as LeBoncoin, SeLoger, Logic-Immo, pap (particulier à particulier), Superimmo, Figaro Immo, SeLoger Neuf (new homes) and Superimmoneuf (also new homes). There are other international websites such as Greenacres.

The buyer can deal directly with the owner and can even sign a promise to sell with going through a notaire if they wish.

3/ Buying through a notaire:

The notaire is often approached by local people when buying or selling as they feel they have a better legal guarantee.

4/ Real estate agents vs private sales

Which should you choose? A real estate agency or a private sale?

If you don’t speak French or have little legal knowledge, a private sale will be more complicated unless you are really sure of the person you are buying from. Despite the fact that there is no commission, it might be more difficult to bring down the price with a private owner who often overvalues their property for sentimental reasons.

For the buyer, it is important not to let the personality of the owner cloud their judgement, even if they speak English.

In the more popular areas of France, real estate agents often speak English themselves which can make life much easier for buyers. They will often take you to view several properties just to get a good understanding of what you are looking for. It is easier for a buyer to say “no” to a real estate agent than to a private owner. Also, it is the agent who negotiates the price, not the buyer. However, some agents are very persuasive. You should make sure you feel comfortable with the person showing you around and don’t feel bullied into buying something you don’t want!

Real estate agencies can be nationwide such as La Foret, Square Habitat, Century 21 or Orpi, which will give you access to all their properties in France, or independant, in which case they may be a member of the real estate agency federation, FNAIM, which will provide you with a better guarantee than a small agency working on its own.

The agency will usually ask you to sign an agreement under which you cannot deal directly with the owner of a property you have viewed.

5/ The next thing is to draw up your criteria, the things that you absolutely must respect such as price, amount of work to be done, location in an urban or rural area, size, aspect, type of flooring, type of heating, etc. Having to replace the roof or put in a new heating system can be very expensive.

Other factors to look out for are the land tax (taxe foncière) which can be quite expensive in some areas, rates (taxe d’habitation, which are being phased out but still applicable for people in higher income brackets), cost of heating (you’ll need to see the actual bills), shared expenses and the financial health of the joint owners if it’s an apartment building (if there is a swimming pool, lift, caretaker, extensive grounds, it will cost more to run).

6/ It can also be helpful to use the services of a person who speaks your language and knows the area, especially if you live far away or are dealing with private owners. This is a service I am happy to offer.

Next step – viewing and signing the promise to sell.

Rosemary Kneipp, sworn translator with the Orléans Court of Appeal. www.kneipp-traduction.com  kneipp@kneipp-traduction.com or 06 76 41 99 43

Buying property in France

PROMESSE DE VENTE VERSUS COMPROMIS DE VENTE IN FRENCH PROPERTY SALES

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All property transactions in France take place in two steps: first, after the seller has agreed to the price offer, the seller and buyer sign a promise to sell in the form of either a promesse de vente (unilateral promise to sell) or a compromis de vente (bilateral promise to sell). This can take place privately, in a real estate agency or in a notaire’s office. Then, usually about 3 months later, when all the conveyancing has been done, both parties sign the acte de vente to close the sale.

The first time I purchased a property in France, in the early 1980s, I was told that it was better to sign a compromis de vente rather than a promesse de vente so I was surprised to learn recently, when asked to interpret during the signing of a promise to sell in a notaire’s office that it was a promesse de vente and not a compromis.

Despite my research I was not able to really determine the difference between the two so I asked the notaire, who told me that he only used the promesse de vente agreement. His explanation did not fully satisfy me, apart from the fact that the promesse de vente would appear to be in the purchaser’s favour and the compromis in the seller’s favour. Also, a real estate agent can only use a compromis de vente agreement which probably explains why I was told it was preferable. Real estate agents who have obtained the corresponding certification can prepare the compromis without going through a notaire and the price of the agreement is included in their commission. The promesse de vente is an acte authentique which means that it is always signed in front of a notaire.

After looking at my own records (my husband and I have bought or sold 8 times, 3 times with a real estate agent and 5 times privately), I discovered that there was a compromis de vente each time a real estate agent was involved and a promesse de vente all the other times. However, I have since attended a training course on the subject for court sworn translators and have updated my knowledge on the subject. Here are my conclusions.

Promesse de vente or unilateral promise to sell (the least common)

The seller promises to sell the property to the future buyer at a price agreed upon by the parties thus giving the future buyer exclusivity for a pre-determined period (usually two to three months).

During this time, the seller cannot promise to sell the property to anyone else whereas the future buyer can cancel the sale if they wish to, the only drawback being that they will lose the indemnité d’immobilisation or reservation fee (which roughly corresponds to non-refundable earnest money) if they do not go through with the sale. The reservation fee is usually 10% of the sales price.

If the future buyer does go through with the sale, the 10% is deducted from the price still to be paid.

To be valid, the promise of sale must be registered with the tax department within ten days of signature and if the reservation period is more than 18 months, it must be signed at a notaire’s office. This particular point may be changed in 2020. The registration fee, paid by the future buyer, is 125 euros. The fee charged by the notaire for preparing the agreement is not fixed by law and is usually about 200 euros. You should ask the notaire beforehand.

Compromis de vente or reciprocal promise to sell (the most common)

The seller and the future buyer both undertake to conclude the sale at a price determined jointly. Legally, the compromis is therefore a sale. If one of the parties wants to pull out of the transaction (except if the one of the conditions precedent is not met), the other party can take them to court and force them to do so, in addition to claiming damages. However this can be a very lengthy process.

When the compromis is signed, the purchaser pays earnest money (dépôt de garantie) corresponding to 5% to 10% of the sales price. The earnest money is deducted from the final sales price.

The compromis de vente does not have to be registered with the tax department. However, if there is a dispute about the conditions precedent, the parties will both be bound by the agreement, unless the dispute is settled amicably between the parties or by a court decision. In the case of a promesse de vente, both parties are released from the agreement if the future purchaser decides not to buy. The vendor cannot change their mind and the agreement is immediately enforceable without going to court.

Cooling off period for purchasers – promesse de vente et compromis de vente

Whether you sign a unilateral promise to sell (promesse) or a reciprocal promise to sell (compromis), you have a ten-day cooling-off period (délai de retractation) during which you can decide not to purchase the property. The letter stating your intent must be sent by registered letter with acknowledgement of receipt to the seller. If you go through a notaire, this can be done electronically.

Whatever the reason for cancelling the sale, any amount paid by way of reservation fee (indemnité d’immobilisation) or earnest money (dépôt de garantie) during the cooling-off period will be reimbursed. The 10-day cooling-off period starts on the day following the day on which the promise to sell is signed at a notaire’s office or, if a private promise to sell is signed, at the first presentation by the postman of the registered letter with acknowledgement of receipt containing the agreement.

For example, if the letter is sent on 10th of the month and the first presentation is the 12th of the month, the cooling-off period will begin on the 13th and end on 22nd at midnight.

Conditions precedent – promesse de vente and compromis de vente

I mentioned the question of conditions precedent (conditions suspensives) earlier on. These are conditions that must be met for closure of the sale to take place.

Whether the promise to sell is unilateral (promesse) or reciprocal (compromis), the seller and buyer can agree to insert one or more conditions precedent in the agreement. This means that if events defined as conditions precedent do not take place before the final sale, the agreement is null and void.

  • Examples: the purchaser’s bank loan is refused; the municipality has a pre-emption right; a serious town planning easement is discovered. In these cases, the amounts paid by the purchaser are refunded.
  • A compromis de vente can also contain a clause called a “clause de dédit” (retraction clause) which enables the seller and/or the purchaser to cancel the sale without giving a reason, in return for leaving the other party an agreed-upon amount. However, this practice is very rare.
  • The above clause must not be confused with the penalty clause, which exists in most compromis de vente according to which the purchaser must pay the seller a fixed amount in damages if the purchaser refuses to go through with the sale.

To sum up, if you are purchasing a property in France and you want to be able to cancel the sale without giving a reason (and are prepared to lose the 10% reservation fee!) or if you want to guarantee the date of sale, then you will need to sign a promesse de vente at a notaire’s office.

If you are selling a property in France and the purchaser needs to get a mortgage loan, it is also better to sign a promesse de vente because if the loan has not come through on the stipulated date, you can simply walk away from the sale and find another buyer. If you have signed a compromis, you will have to go through the court to have the sale cancelled which can be a lengthy process.

In all other cases, you can choose either a promesse de vente or a compromis de vente, but if you are going through a real estate agent, then it will be necessarily be a compromis de vente unless you specifically ask for a promesse de vente through a notaire.

Whatever you choose, you will have to sign the final deed of sale at the notaire’s office. I strongly advise choosing your own notaire (in which case the fees are split between all the notaires involved), not because of any possible dishonesty on the part of a notaire, but simply because you will always have an unbiased opinion.

My second recommendation is to make sure you understand EVERYTHING in the deed of sale (which you can request beforehand). Some real estate agents are competent to explain all the details. Otherwise you can call on a sworn translator who can also be present during the sale.

For all inquiries, please contact Rosemary Kneipp at kneipp@kneipp-traduction.com or phone 06 76 41 99 43.

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