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French Notiaire won't handle a low-value property transaction - what do the French do?

12 replies

JamieLannisterToMyBedchamber · 21/02/2018 14:29

My Stepmother and I (both UK) need to sell a low-value piece of land in France.

It's a "leisure plot" with a static caravan on and worth under €20,000. My stepmother found a UK buyer privately.

We engaged a UK solicitor with French and English law qualifications/property expertise. He advises us that French law compels Notiaires to charge only a nominal amount for such low-value conveyancing work, and does not compel a Notiaire to accept such work - a Notiaire would make a loss on this conveyancing.

Our solicitor had offered a Notiaire he works with regularly the conveyancing and Succession work (i.e. changing the deeds to reflect my father's death) as well, but this was not enough of a sweetener and the Notiaire has refused to handle the work.

What do the French do? French inheritance law must have created a lot of low-value plots around the country!

OP posts:
Branleuse · 21/02/2018 16:05

ive seen tonnes of these on greenacres and leboncoin

JamieLannisterToMyBedchamber · 22/02/2018 15:46

Yes - they're being bought and sold. I wonder how the conveyancing is done!

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Branleuse · 22/02/2018 15:58

Does it need to be done by that specific notaire.

JamieLannisterToMyBedchamber · 22/02/2018 17:18

Bran

If you mean "my" solicitor's pet notiare, no.

I'm under the impression (from "my" solicitor") that the local notiare where the property is located is also "not interested" either.

(Of course, I've only spoken to the one solicitor...)

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Branleuse · 22/02/2018 19:20

I hope you manage to get it sorted out. Dealing with french beaurocracy is not for the faint hearted

JamieLannisterToMyBedchamber · 22/02/2018 20:01

I blame Napoleon's lawyers - created laws that guarantee a living for French legal professionals ;-)

I didn't choose this, of course, Stepmum and my late father were not aware of the ramifications of French law, and at the time (pre 2015) could not have done much about the inheritance.

Bran you do make a very good point that plenty of these sort of properties are for sale - gives me somewhere to start looking for answers. Thank you.

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Agustarella · 11/03/2018 17:54

I think it was the seller of our house who chose the notaire, or perhaps the agent, so I didn't have to ring round notaires. Our house was cheaper than your land. Our garden was cheaper still, and when we bought it separately from the house (from another seller) I asked the same notaire to act for me and she was happy to. I don't imagine she was acting pro bono; the fees are higher for low value transactions (when expressed as a % of the purchase price) so I imagine there's a minimum commission that kicks in. Have you tried writing to other local conveyancers?

Agustarella · 11/03/2018 17:57

Sorry, I meant to write "other local notaires" not conveyancers!

JamieLannisterToMyBedchamber · 14/03/2018 13:56

Agustarella thanks so much for taking the time to reply and your good advice..

I've left it with the English/French Solicitor. I wasn't expecting to get any money from the sale really, just want it got rid of before my Stepmother passes away and her 3 offspring inherit her share and complicate matters. None of us 3 speak French well enough.

Nosy question, sorry, which Department is your house in and how did you find it?

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Agustarella · 14/03/2018 15:53

Hi Jamie, we're in Haute-Saône, not really a popular destination for the Brits, but we like it! I found the house on leboncoin, when we were staying in a campsite not far away. That was the autumn of 2015.

JamieLannisterToMyBedchamber · 15/03/2018 11:35

Thanks - just curious.
Our property is in Seine-et-Marne, great for a getaway from Paris (1 hour away by train) but again not a popular destination for Brits.

I think the location made sense for my father and stepmother as a stopover on a drive to Switzerland where her son was living with a young family.

It's only a Terraine de Loisir plot unfortunately, and right by the Seine so gets flooded every year; a permanent residence at that price might have been worth hanging on to!

OP posts:
francetaxlaw · 10/05/2018 22:36

Just as matter of interest have you resolved your issue of seeling the piece of land?

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