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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.
 

5 Is the plot really right for building on?

  • Ensure that the land can officially be built on by asking the owner if he has the zoning certificate issued by the local Mairie. This document lists all the provisions that any construction must adhere to (see box).

  • If the owner does not have this, you can request it yourself at the Mairie. You will be given either a "certificate of general information" which will state only if the land can be built on, or a more detailed document telling you whether or not the plans to build that you have drawn up and informed the Mairie of can be completed.

6 Beware of defects...

  • If the dwelling you buy is less than ten years old, you will still be covered by the "ten-year guarantee" which covers construction faults in the building carcass. Ask the vendor to give you the "building damage insurance" certificate which should have been taken out when the building was built or converted into a dwelling.

  • If the dwelling is more than ten years old, you will only be covered for "hidden defects", and then only if you initiate any action immediately after buying the property. But contracts between individuals generally exclude this guarantee. In this case you would have to prove that the vendor acted in bad faith and that he was aware of the defect in question, and this is difficult.

  • The ten-year guarantee also applies to land on a development, in which case it applies to the roads and other facilities.

7 Choose your preliminary agreement carefully...

Once you have taken all the precautions and have definitely made up your mind, the time has come to pay the first sum of money (never pay anything before this stage!) and to sign a preliminary agreement. This can take a number of forms. The extent to which you are committed will vary from case to case. You must therefore be careful to read all documents carefully.

  • The "offer to buy" commits the buyer, who cannot change his mind for the period stated in the offer, unless he has taken the precaution of including in the contract suspensive clauses and one of these is not fulfilled. On the other hand it in no way commits the vendor until he has signed. What's more, he can keep you waiting and never sign, and you will not be entitled to compensation. Avoid this option which is much too dangerous for you.

  • The "commitment to sell" commits the vendor totally. It leaves you a certain period of time, shown in the contract, during which you can consider the offer, in return for the payment of a certain sum (generally 5 to 10% of the purchase price). During this period he does not have the right to sell to anyone else. You have the option of pulling out, but in that case you would lose the money paid.

  • The "provisional sale agreement" binds the vendor and buyer definitively, except if one of the suspensive conditions in the agreement is not fulfilled. However, the two parties can allow for the possibility of someone going back on their commitment, stipulating the compensation payable. It is therefore important to read the clauses in the agreement carefully and check the description of what you are buying. Because once you have signed the "official deed" in the presence of a solicitor you cannot change the terms of the contract.

8 Include some suspensive conditions

If your final decision to buy depends on a particular event beyond your control occurring, have it included in the preliminary agreement as a "suspensive condition". If the event does not occur in the time stated, your undertaking will be broken automatically and you will be refunded any monies paid. Failure to obtain your loans is one suspensive condition allowed for by the law, but you can mention any other clause which applies to your personal situation, such as the sale of your previous home, obtaining a positive zoning certificate, the completion of a planned job change, etc.
 

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