He who hesitates is lost!  This maxim is particularly apt just now.  French, British and Dutch buyers are seizing opportunities to snap up the good properties currently on offer.  Last year's lack of British buyers has led to a good stock of properties, but recently some British buyers have lost their chance by being too hesitant to make an offer, or by making too low an offer.

If you really want that house, then make a serious offer for it quickly!  On the other hand you must not make an offer conditional on your selling your own house or subject to a survey.  Sell your own house first, get the survey done, then make your offer when you are sure about every aspect of the purchase.

As a rough guide an offer will probably succeed if it is within 10% of the asking price.  Offers at 20% less than the asking price will probably be met with a counter offer.  Offers at the asking price usually have to be accepted by the vendor, so the process is naturally quicker, giving less chance for another offer to be received on the same property through a different agent.

Remember too that making an offer can result in the owner coming back with a counter offer even higher than the asking price, since you have opened negotiations!

You have signed the first agreement and if you are raising a mortgage with a local bank then you have been to visit them and signed the necessary application forms. You know who the notaire is and the address of his or her office. This is also a good opportunity to open a French bank account. You now know where your local town is and which banks are available there.

There is no need to contact the water supply company and EDF/GDF for electricity (and town gas supplies where available) as  Dream Properties Dordogne always ensure you have running water and electricity in your house if there is already a supply.  We also help you to obtain a phone line. If there is no supply then it is up to you to contact the company and find out the procedure for connection and get an estimate (Devis) for the cost.

Your purchase agreement will have included a final date for any sale. You can’t rely upon this date as it is only included in the document as a final “get out” option in the event that one of the parties has no intention of completing the sale. If both parties are proceeding in good faith then the actual sale completion may well fall before the agreed final completion date.

You will have to prepare to have the purchase monies available with the notaire and cleared through his bank account in advance of the completion date. You will have let your agent know about details of any French mortgage arranged and the notaire can then act for your bank at the completion as well as sorting out their contribution to the purchase monies. Your Dream Properties Dordogne agent will let you have copies of any important documents that come to hand such as a termite inspection certificate.

Servitudes are not peculiar to France but the average UK purchaser is unlikely to know about them or understand how they operate. The Dream Properties Dordogne web site is dedicated to demystifying the process of buying a French property and to de-bunking the myths and barriers that many see facing prospective purchasers. The issue of servitudes can be a worry but, as usual, knowing how and when they operate will clear the matter up for you.

Generally, servitudes are rights over a property enjoyed by others. These rights are attached to the property and are transferred with a property when it is sold. Some servitudes allow others to do certain things and some restrict a property owner from certain actions or require a property owner to take certain actions. In certain circumstances a new servitude can be created by allowing another person to make use of part, or all, of your land or to the products of your land.

What this means to the prospective purchaser of a French property is that there may be unrecorded rights granted to one or more third party attached to a piece of land. Some such rights should be clear to you when you inspect the property. Easements for telephone and electrical cables should be obvious or pointed out to you. Rights of way to another person's property may be less obvious. The least obvious of all may be that a third party has a servitude that allows him or her to graze animals on a certain field or to cut the hay on another.

It is important to cover the issue of servitudes in any French property purchase agreement and indeed an effective "Compromis" should cover the ground pretty thoroughly and ensure that there are no "hidden" servitudes likely to affect the value or enjoyment of the property. The contract should also ensure that the vendor does not grant any servitudes after the date of the agreement and prior to the final sale.

Servitudes can be brought to an end in a number of ways. The person who benefits from a given servitude may renounce it or, by not exercising the right for some years, may allow it to terminate. Oddly, a servitude terminates if the person who benefits from the right becomes the owner of the property to which it applies.

As a property owner you are in turn bound by certain servitudes that protect the rights of your neighbors and the community. Some typical examples require you to keep rainwater draining from your roofs within the bounds of your own property and to meet the common expense of fencing a boundary between you and a neighboring property.

New servitudes can come into effect if you allow another person to make use of your property in some way and that use extends for a considerable period. If you accept some notional payment for that use (perhaps just the gift of an annual bottle of wine) then there is a risk of your having been deemed to have granted a servitude over your property.

Holiday home owners in particular can be keen to ensure that small fields and meadows forming part of their property are well kept and of some use. Many are happy that a neighbour makes use of the land - perhaps just cutting the hay in the early summer. You can avoid creating a servitude that might affect the long term value of your property in a number of ways. One simple answer is to ensure that such mutually beneficial agreements are short term and/or that they are based upon a contractual agreements that will ensure that you have full title to the land should you need to sell it.

It seems a shame to have to consider bringing in the law of contract between yourself and a neighbour but that may well be the best way to protect the continuing value of your property.

These pages are for your guidance only. We are not qualified to give definitive advice on French financial law and in any case tax liability can be very dependent upon individual circumstances. Please seek professional advice wherever necessary and in particular if you become liable for taxation in both the UK and France. There is a “dual taxation” agreement in place between the UK and France that means that you can offset tax paid in one country against your liabilities in the other but such complications should be best left to a suitably knowledgeable tax accountant.

The Notaire is a public official who is appointed by the French state. His duties and fees are prescribed by law. In most property transactions the Notaire acts for both parties although it is possible to arrange for two notaires – one acting for each. In most circumstances such an arrangement is not necessary. The notaire is there to look after your interests as well as the vendors. He or she is not there to protect you from your own folly but he (or she) will ensure that the buyer will get good title to the property and that any conditions set in the purchase agreement have been fulfilled. A solicitor is neither needed nor helpful in your French purchase. However he would certainly cost you and almost certainly cause delays in the transaction.

All French property is freehold and all property is registered. Ownership of a house or land is determined by the registration and not by title deeds. While ownership is clear, the boundaries of a property may not be. If an exact plan of the property is not available or you are purchasing a sub-division of an existing registered property then the notaire will call upon the services of a surveyor to map the boundaries. The cost may be shared between the parties or allocated otherwise by agreement.

In all probability your agent will propose a notaire who he or she has used before for similar property purchases. The choice of notaire will not affect the fees – ask your agent to recommend one who is used to dealing with British house purchasers in France. If the vendor insists on a particular notaire then, subject to your agent's advice, there is probably no reason not to agree.

Notaires in France are currently required to ensure that all purchasers thoroughly understand the nature and terms of the agreements they enter into. In theory this should mean that the notaire should take your language skills into account and if necessary arrange for a translator to be present for the eventual house sale (Acte de Vente). In practice he or she may well rely upon their own language skills and in any case if you are properly prepared for the big day then it is there to be enjoyed not feared – fluent French or not.  Dream Properties Dordogne agents will attend the final signing and help with translations or explanations at the time.

The house purchase proceeds in two steps. The first step is to sign a first contract that binds both parties and takes the house off the market. The second step (the Completion, in English terms) is the “Acte de Vente” that occurs once the notaire has made all the required searches and he is sure that he can assign the purchaser good title to the property. The first contract is commonly drawn up by the Agent Immobilier – the registered French house agent for the sale. This agent should be regulated and bonded by the French government. Alternately the notaire himself may prepare the first contract - this happens usually when the transaction is more complicated – purchasing a property with a lake and fishing rights is probably a good example. The first contract is either known as a "Sous Seing Privé" or "Compromis de Vente". In most instances the document is simply referred to as a “compromis”. This document is binding and it is important to understand the content before you sign it. Our guide to the purchase agreement and the translated sample document available from this web site should help you understand the content and to ensure that it is properly drawn up. Dream Properties Dordogne agents use a Compromis that has been drafted with the help of a Notaire and which is accepted as an excellent contract by all the local Notaires.  Dream Properties supply you with an approximate translation and help with understanding any difficult sections. Only a qualified legal translator can supply a translation that will hold in court. This is when you will also find out from whom you are buying. This can be a surprise - The writer recently purchased a small plot of land adjacent to their farm from it’s five owners for the princely sum of £100. This is not untypical, and you will quickly understand why, when you take a look at our section on French property law as it applies to inheritance. Not all the current owners of the property have to personally sign the purchase agreement as they may have arranged a “power of attorney” for one of them to act for them all at this early point in the proceedings. You will be asked to pay a deposit of 10% of the house purchase price within seven days of the signing of the purchase agreement. Sometimes the amount can be varied by agreement.  This is normally paid to the Notaire who will be dealing with the transfer of ownership. In some instances this deposit is held by the French estate agent. If you are asked to make your deposit with the agent then first ask why. If you are satisfied with the reasons then check that the agent is bonded by one of the relevant French organisations before parting with your money. In no case should the deposit be paid - ever - to the vendor! If, after your seven days of reflection,  you do not proceed with the purchase then your deposit can be forfeit. When the sale is terminated because of one of the reasons clearly identified in the Compromis (such as an inability to obtain a planning consent) you get your full deposit back.  Otherwise your deposit will be passed to the vendor in compensation. However, if the sale is terminated without due cause by the vendor then your deposit will be returned to you and (in theory at least) the vendor owes you the equivalent amount in compensation to you. What to look for in the agreement Make sure that the property is clearly identified and can’t be confused with another property. A minor point but with French postal addresses being pretty vague at best, it is possible that this vital part of the agreement is ambiguous. Make sure it is not. Should any fixtures, fittings or artifacts seen at the property be included in the purchase agreement. When the writer purchased his farm the buildings and contents were “as seen” (and photographed) with the exception of a list prepared by the vendor of specific items not included in the sale or available as “optional extras” outside of the property sale. Accompanying the First contract you should be given the experts reports on lead content in paintwork, asbestos, termites (only in designated area including Dordogne), thermal qualities of the building and on the electrical and gas installations in the property. Please note that these do not confer any obligation on either the buyer or seller - they are simply to inform the buyer. Make sure that the instructions being sent to the notaire make the status of your new home clear. Is this a second home or is it going to be your primary place of residence? It gets the situation clear from the start and just as in the UK the capital gains tax implications of a second home need to be understood. Please see our section on French taxation for more information on this subject. Standard Clauses that protect the purchaser There are a number of standard clauses that can terminate the contract without the loss of your deposit. If the property comprises more than 5000m² of land then The Société d'Amenagément Foncier et d'Establissement Rural (SAFER) has the right to preempt the purchase of land if it preserves it as agricultural land and if there is a buyer for the whole property at the same or a higher price. It is very rare that SAFER acts to preempt a sale – you will just have to put up with the set delay while they decide if you are buying a large property. The local community within which your new home lies also has the right to preempt the purchase. This is not common, but does occur from time to time when the "Mairie" decides that they need a particular building or piece of land for the benefit of the commune. In either case you lose nothing as your deposit is returned in full by the Notaire. Another standard clause is one regarding public or private development plans that might affect the value and your enjoyment of the property you expect to purchase. The notaire will search for details of any planned new roads, railway lines or other substantial project that might impact upon the property you are purchasing. Similarly if the notaire discovers any rights of way not already declared to you then you can withdraw with impunity. If you are going to need a French mortgage to raise the full property price then the purchase agreement should include a clause or two to reflect this. The agreement should be subject to your obtaining a mortgage at a rate less than or equal to an agreed rate. It will also probably require you (the purchaser) to apply for the required mortgage with all speed and may specify the need to provide documentary evidence that you have done so within a set time period. This covers you in the event that you are unable to arrange a mortgage as well as assuring the vendor that you will make timely and effective efforts to arrange one. If you are not planning on taking out a mortgage then the agreement may well include a section where you attest that the purchase will be made from your own resources. The vendor may want to add a clause to the agreement as well. If the house has gas central heating using a large GPL (Gas Petrolium Liquide - LPG in English) tank then it would be normal to agree to transfer any related rental and service agreements along with the property. Should any party to the contract unfortunately die before the completion then the heirs of the affected individual have the right to back out of the sale/purchase without the loss of any deposit or (at their option) they may proceed with the contract.

First select the areas that appeal to you. You may need to factor in climate, property prices and drive times from the channel ports. The sudden impact of the low cost airlines and their daily services to smaller airfields around France has changed journey times and opened up new house buying opportunities. At many times of the year it can be a lot cheaper to fly and hire a car than to drive. In any event planning your house hunting trips outside of the main UK school holidays will reduce your costs and increase the choice of routes and carriers.

Allow plenty of time to find your new French house and some extra time to deal with contracts, insurance (and perhaps a mortgage application) in the event that your trip is successful. If you want the statistics, around a third of buyers find the right property on their first visit, another third on their second and the rest on their third. The writer can partly confirm this as he and his family found their Dordogne farm house on their third visit.

If you are visiting more than one area then plan to spend up to two days with each agent. Sometimes the houses you want to see are widely separated adding to the elapsed time and in any case you will want to get the feel of the French towns and villages comprising your new (or holiday) home area.

Many French property agents suggest that children (and in particular young ones) are best excluded from your house hunting forays. This may not be possible, or popular, so if the younger members of your family are going to be joining the active part of the house hunt make sure you allow extra time for breaks and that may mean extra time with each agent you intend to visit.

Factor in weekends and French Public Holidays when planning your trips and you are advised to book your accommodation in advance. Even outside of the main summer season accommodation might be tight due to local events – remember that despite the staggering 76 million visitors each year France is largely not a holiday resort but a modern European state with lots going on throughout the year.

It is not a bad idea to remember to pack your birth and marriage certificates (where relevant) along with your passports. If you find your new French house on this trip then these documents will be needed for the house purchase so taking them along will save you having to post copies to France at a later date.

Dream Properties Dordogne are dedicated to making your purchase of a French house a simple and enjoyable experience. This needs a little planning on your part plus our no-nonsense French property purchase guide to keep you in control of the whole process.

It does not matter if you are just looking for a small holiday cottage, a farm house, a town house, a house with land or even a château the process of finding and buying your ideal French property is the same.

Bookmark (Ctrl+D) these pages as they are going to be of use to you during the whole process of searching for and buying your property in France. We, in turn, will be working to expand on the information provided and to keep things bang up-to-date. If there are any changes in the process then you will see the details here as quickly as we can get hold of them.

Your French house purchase – the procedure

The whole procedure takes about three months from offer to final signature, but can be longer if planning permission is required and if a mortgage is involved. The following is an outline of the procedure, there may be differences in your case:

1. The buyer makes an offer after viewing the property, through the agent.
2. The vendor gives written acceptance of the offer to the agent. The agent informs the buyer and should give an outline of the procedure and payments due.
3. The buyer should arrange the currency transfers through a currency dealer.
4. The reports for lead, asbestos and termites are ordered – these usually take several days to prepare.
5. The Compromis is drawn up and sent to the Vendor for signature, then to the buyer.
6. The buyer signs the Compromis and annexed documents and returns these to the agent.
7. The agent then sends a copy of the signed compromis to the buyer who has seven days of reflection during which he may withdraw from the purchase without penalty.
8. The buyer pays the deposit on the seventh day into Notaire’s account, normally 10% of the asking price. NB there is a time limit which must be adhered to.
9. The signed Compromis, Expertises and Recepisse are sent to the notaire who starts his searches – normally takes 2 months.
10. Request for planning permission or notification of property’s status lodged with Mairie – normally takes from one to two months.
11. The buyer applies for his mortgage, and notifies the agent  when agreement  is obtained.  NB. Time limit for obtaining mortgage must be adhered to.
12. The agent obtains planning decision and tells notaire, vendor and buyer.
13. Buyer's legal advisor will liaise with agent and notaire and instruct about any inheritance requirements.
14. Notaire informs agent and buyer of remaining amount to be paid.
15. Buyer pays the balance due and agent informs you when told by notaire of its receipt.
16. Final signing date for the Acte de Vente  is agreed.  NB. Usually this is by the date set in compromis.
17. Power of attorney has to be arranged for any signatory who will be absent.
18. Signing takes place in the notaire’s office.  Our agent will be present to help translate and explain. You will be given the keys and become the owner.

This list is not intended to be exhaustive, but can be used as a guide.