BUY SELL REAL ESTATE 100% BY OWNER

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Reminder of things to do

In the confusing profusion of things that have to be done when buying a property, it is best to have a few pointers in order to avoid any nasty surprises along the way. Here is an outline of the steps you must remember and obstacles to get over before, during and after the buying process.
 

1 Be selective...

You won't come across a deal that's right for you first time around, and you will view a large number of properties before choosing the one for you. So, to start with save time by being selective: a quick phone call can be enough to eliminate any offers which do not suit your lifestyle, tastes or expectations.
 

2 Dig deep, to make sure communal life will work...

Once you have made this initial selection, continue your investigations by going to the property to get a feel for the neighbours and any restrictions that may apply to life there, particularly if you are planning to live in a co-owned property. Do your future co-owners have the same priorities as you, for example? Do they regularly have work done or is there a general refusal to invest? Is the syndicate dynamic, or uninterested in the co-owned property? These questions may appear to be trivial but will in fact have an important effect on your day-to-day life... and well-being.
 

3 Learn the rules...

In the case of a shared residence, find out about the residence rules, particularly the clauses on the use of shared parts and the allocation of the private parts. For example, the vendor might have told you that you can carry out your profession from your apartment, but is this true? Do the rules state that the apartments are to be used solely for residential purposes? If you are buying a house on a development, check the specifications, and the development rules if there are any. They will state the various obligations incumbent upon the residents, the easements relating to neighbours, building regulations that apply if, for example, you want to build an extension, the maintenance rules of thoroughfares to the houses, etc.
 

4 Measure up...

  • Check that the living space claimed by the owner is correct. Take a tape measure with you and measure the lengths and widths of the rooms, not including any rooms where the floor-to-ceiling height is less than 1.8 metres. You should be aware that since June 97 any undertaking to sell and subsequent final agreement concerning a lot in a co-owned property must state the surface area of the private part of the lot (the Carrez law). In the absence of this information you are entitled to initiate a nullity action within one month of signature of the agreement. If the actual surface area is more than 5% smaller than that claimed, you can initiate proceedings to reduce the price within one year following the completion of the final deed (or "official deed").

  • Also check the surface area of the land. Ask the owner if he has had the land marked out by a surveyor, and if so ask to see the surveyor's report and plan. If the land has not been marked out - this is not obligatory - to make an initial check you can ask the land registration department at the department land tax centre. This holds records of all acts of ownership and property division for tax purposes. But this is only preliminary proof: the land register has no legal weight in this respect, and the information listed can be contested by any other title to property. Once you have definitely made up your mind to buy, you can ask the owner to pay for a surveyor to define the exact boundary of the property, or offer to share the cost. You can also pay to have this done.

  • However, you should be aware that if your neighbour refuses to sign the report drawn up by the surveyor, the boundary will have no value in this respect. In this event you will have to take the matter to court to have the boundary settled legally.

  • In all cases, get the land registry to publish the boundary report to make it effective against third parties.  

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