French Legal Terms

A couple of week ago, a terrific newsletter published by FrenchEntree.com, offered a glossary of French legal terms related to the purchase of property. I ran into every one of these terms and wish I'd had this little list ahead of time.

Dont' be daunted. Just remember when you bought your first home in the United States and how initimidating that seemed at the time. It's just a matter of learning the lingo.

French Legal Glossary

achat - purchase

acte authentique – deed of sale

acte de vente (also acte d'achat) - transfer or conveyance of land

attestation d'acquisition - certificate from notaire that a property purchase has been completed

avocat - lawyer/solicitor

bail - lease or tenancy agreement

bon pour achat - good for acquisition – phrase often used in contracts

cadastre – land register or registry

certificat d'urbanisme – outlines the rights and planning laws that affect a piece of land/property. This is an important one because the Frency levy a substantial minimum fine for using land for a purpose beyond what is presribed.

clause suspensive - a conditional clause in a contract that needs to be fulfilled for the sale to reach completion

clause tontine – a clause that means the property will pass automatically to the survivor on the first death. This one is a little bit complicated and should be well researched and discussed with an attorney. Since I'm single, it was not an issue for me, although I did look carefully into the inheritance laws to assure proper passage of the property to my son.

compromis de vente - contract for sale and purchase of property. This is the first formal and legally binding step in the purchase of a property. It is roughly equivalent to making a formal offer and signing a contract in the United States. It binds both buyer and seller, is usually drafted by the French real estate agent handling the sale and is the point at which you make a deposit. The French have a nifty 7-day cooling off period, during which the buyer can change his or her mind without penalty. After that, if you change your mind, you lose your deposit. Read this carefully. It contains all the basic ponts of the sale. Do not sign anything you have not read and fully understand.

conditions suspensives - conditional terms in the pre-sale agreement

constructible - land designated for building under planning rules

copropriété - co-ownership

dépôt de garantie - deposit

dévis - written quotation

droits de succession – death duties/inheritance tax

émoluments – fees, as in a notaire’s fees

états des lieux – document detailing the state of repair or condition in general of property; in an off plan purchase, for example, there is an états des lieux on the handing over the keys.

expertiser - to assess or value a property

frais de notaire – total fees, including land registration duty, paid to the notaire on top of the sale price

géomètre or géomètre expert – a surveyor appointed by the notaire to ascertain the dimensions of the property

hypothèque - mortgage/charge on a property

loi scrivener – a law protecting French home loan borrowers

lu et approuvé - read and approved – words that often appear on a contract

notaire – legal official charged by state with handling property transactions. This is a uniquely French official in a uniquely French part of the transaction. My notaire was kind, patient, diplomatic and helpful. Notaire work for the government, not for the buyer or the seller. They are key to a successful transaction, so listen carefully to their advice.

permis de construire - planning permission. Any new construction or renovation or extension of a property requires permission from local government. A very frequent comment from sellers and real estate agents is that getting the permission won't be any problem. Do not believe this until you have checked yourself. Even converting an attic to a terrace, a change you cannot see from the street, requires permission. The laws have been simplified, but they're still complex and you should seek professional counsel if you want to make any changes to your property. I found it much easier to just find something that I liked as it is.

plan cadastral – land registry plan, showing boundaries of plots of land and property

prendre l’immeuble vendu dans son état au jour de la prise de possession – where the buyer takes the property ‘in its present condition’

TTC: toutes taxes comprises - all taxes included, referrring not just to sales tax but any tax

TVA: taxe sur la valeur ajoutée - value added tax or VAT

taxe d'habitation – tax on the occupation of a property. One of two local property taxes, with the tax foncière being the higher of the two. These taxes are distributed to your region and to the local communes to pay for things like garbage pick-up, street cleaning, schools and other community facilities. You have to pay them whether or not you live in the house full time. Make sure you ask about the taxes before you sign the compromise de vente.

taxe fonciére - local property tax. The higher of the two taxes. Tax bills usually arrive in August or September and have to be paid by a specific date in October or November. By U.S. standards, these property taxes are very very low, although they vary substantially from regin to region. So, again, check.

testament - will