VINGT Paris

The keys to Paris living

One of the best parts of my job when I get to hand my client their keys to their first Paris apartment.  Ben Thompson, a young lawyer from Singapore, (but Scottish, like me) has been here for a week putting the finishing touches to his new loft in Bastille.  From the picture below, you might think it's in rural France but believe it or not, this "country lane" is just a step away from the Place de la Bastille.  On the rue du Faubourg St. Antoine between Métros Bastille and Lédru-Rollin take a peep down into the entrances to the buildings off this busy shopping stretch. There are a multitude of hidden courtyards, each with a different character you can always walk inside and have a look around, just remember to say "Bonjour Madame" to the La Gardienne!  This one is Cour Etoile d'Or and inside are almost 60 apartments, so it's like a little village. Cats roam down the lane and everybody knows each other. 

Whilst waiting for the first prospective tenant to arrive and see the apartment, (literally before the paint is dry) we take a rest at a cute café on the corner of rue Charonne.  This street is teeming with hip boutiques (Isabel Marant at no.16) and great restaurants (Chez Paul at no.13) Ben is excited for his new tenants and starts to talk about transferring to his firm's Paris office so he can live in his new neighbourhood!

Should I buy to rent as an investment?

Your investment objectives will determine where you decide to buy. There may be 20 arrondissements in Paris but we do not recommend all of them! The majority of our clients choose to rent the apartment for at least part of the year and we are experienced in this field offering one of the only complete services in Paris where the same company organizes your purchase, renovation and on-going management needs.

Running Bonapart’s concurrent expatriate rental operation since our inception has given us a unique insight into the needs of the large international community in Paris. This is the market that we recommend our clients target if they wish to achieve good returns on their investment. We are uniquely positioned to advise you on this, even down to the best streets!

We will be happy to add your property to our portfolio of quality apartments for those searching for short term vacation rental or accomodation for 3 months plus - mainly business people, MBA students and academics.

Short term tourism rentals offer great returns and the maximum flexibility if you are able to use the apartment on a regular basis yourself. Location is understandably a key issue to consider if you really wish to successfully target this market. More flexible in terms of location are medium term rentals which suit owners who prefer the security of a steady renter and can block off their apartment for longer chunks of time.

Adding an apartment to our relocation division offers an investor great management and marketing solutions. Accountability and the ability to work efficiently with those based abroad in another time zone are our strengths. There won’t be any need for you even to come to Paris, it can all be handled here for you.

Of course you’d probably love an excuse to visit so why not book the apartment yourself too. This can normally be arranged to fit your schedule at a quiet time of year for example or between tenants!

What is the Real Estate Agency fee and who pays for it?

Estate Agency fees if required are normally included in the purchase price of the property. In effect, both the buyer and the seller pay the agency commission because it is part of the sales price. Commission comprise (written as C/C) indicates that the price includes the agent's commission. Beware. A price quoted as net vendeur excludes the selling agent's fees.

There are no government controls on agents' fees, although they're obliged to post a list (barème) in their offices. Fees are usually levied on a sliding scale between 5 and 7 per cent: the cheaper the property, the higher the percentage.

The agent's commission is built into the asking price and can sometimes be negotiable but not by the buyer by the seller. If the agent is anxious to sell, he may be willing to reduce his fee to the seller in order to encourage the sale.

How can I sign a document if I don't understand French?

I am often asked this question and the language issue is naturally a very important one to address. It's a kind of psychological barrier to many people considering purchasing property in a foreign country.

Contracts and agreements must be drafted in French in order to be valid under French law. We work with bilingual Notaires and other experts and can arrange an English translation of any documents relating to the property purchase. We review the contracts in English so that clients are fully aware of their rights and obligations. A Bonapart Consulting representative accompanies clients to all official meetings and makes certain they are comfortable with any document they are presented with, every step of the way.

Promesse de Vente - going into contract

The Promesse de Vente is the first formal and legally binding stage in the property purchase process in France. It is a written contract of sale agreement which legally binds together the seller and purchaser. The agreement can be drafted by the Estate Agency handling the sale (but this is not at all to be recommended) or more safely by the Notaire. A Promesse prepared by an Estate Agent will need to satisfy the Notaire of it's legal validity in any event and it is best to go straight to the real professional. Whatever the agency says, it's absolutely fine to wait until it is drawn up properly and it takes time to do this correctly.

The format may vary but all should state clearly the key points of agreement including:

* Details of purchaser and seller (you will need to provide "Civil Status" information including your full name, contact details, profession, birth and marriage certificates, passport copies, details of ex-husbands and wives - we can provide you with an exhaustive list of what to prepare in advance.

* Confirmation of the name and ownership "Title" details of the property

* A description of the property including reference and map of the plot as it is recorded in the Land Registry

* The price agreed (sometimes furnishings and fittings may be negotiated as a separate amount)

* The deposit agreed (usually 10% to be held by the Notaire in an escrow account)

* The circumstances under which the deposit may be forfeited

* Provisional conditions (Clauses Suspensives) - these will include certain standard conditions which will be inserted by the Notaire drawing up the agreement (e.g. that there are no other claims to the Title or that the searches conducted by the Notaire's office do not reveal any problems). A Promesse de Vente also allows for the substitution of another person or entity to purchase the property at closing if need be.

The purchaser can request and negotiate the insertion of additional Provisional conditions before the Promesse is signed e.g. vendor to service the electrical equipment or provide additional guarantees, complete building work or planning approval etc

* Full details of the real estate agent's fees

* The target completion date (note this is not definitive or guaranteed and can be changed by agreement between purchaser and seller or if the Notaire has not completed his work for any reason)

Seven Day Cooling Off period
Note that under La Loi SRU you will be given a seven day cooling off period during which time you can withdraw from the purchase without penalty.

After signing
Once the Promesse is signed the Notaire (who acts for both parties under French law) will carry on the process of checking records and documentation regarding the property and land. Two to three months is generally allowed for this process but it is possible to move more swiftly if both parties are agreed and the Notaire is able to conduct documentation searches without delays.

This also gives the buyer sufficient time to get a mortgage for the property. At the time of contract, in the contract, the mortgage criteria are listed (interest rate, mortgage amount, etc) and if the buyer cannot find a mortgage that meets the criteria, then this will annul the sale, the buyer will recuperate his 10% down payment.

Completion date
Note that the completion date shown in the Promesse is a target date which will allow you to plan removals, funds transfer etc however the date will need to be re-confirmed as completion draws nearer. The completion date is the date when both parties will attend the Notaire's office to sign the Acte Authentiqe.

Meet the Notaire

Many of Bonapart's US clients are surprised when they find out that Notaires have a (virtual) monopoly on property transactions. I think it's because they think that a Notaire is the same as a US Notary, a rather humble public official one uses to have signatures verified and the like. The good news is that their "monopoly" means litigation concerning property transactions is very rare in France. Notaires subscribe to a common insurance, which provides an immediate financial guarantee to the client in case of their error.

I have to say the Notaire (and certainly those we use) are some of my favourite people. As far as I am concerned they know their stuff and they deserve their fees (see below, not as high as you might think!) A Notaire is the most qualified lawyer of the French legal system, with seven years of study to get his or her degree. They act as both a Public Officer (collecting taxes for the government) and a legal counselor in specific areas of the law, for example real estate, family and corporate law.

It takes about two months for a sale to be registered by the notaire with the French Registration Authority, which includes verifying the ownership history of the property and other aspects of the condition of the property, such as the presence of termites, lead or asbestos. This timeframe might seem long compared to other countries, but its thoroughness results in only 0.5% of real estate transactions being challenged by litigation – substantially less than elsewhere.

“Notaire fees” is the term given to all the taxes and registration charges that a buyer incurs when purchasing a property. In fact, the Notaire retains less than 1% for their services, (with the rest made up of 5.5% tax on the purchase, costs to register and authenticate certain documents and costs to verify other matters related to the purchase). You should budget 7-8% of the total property value to cover these fees so keep this in mind when estimating the price of a property.

The good news is that retaining your own Notaire will not increase the professional fee and if there are two Notaires (one for you, one for the seller), the fees are shared between them. Normally, a lawyer is not engaged unless there are specific questions, Notaires play the role of legal advisor.

For more information:
PARIS NOTAIRES