Legal Updates
Conveyancing is it safe?
………is it safe ? Conveyancing in France is
not a private business transaction, as it is in the UK. It is a State
legal procedure involving the change of title to part of France and as
such it is controlled and most closely supervised at every stage by the
Government. The aim of this procedure is for the Government to establish
to their satisfaction alone, exactly what is owned by whom, to the point
that it is they alone who hold the authorized title to property. In
France, the onus is on a property owner to prove that they do not own a
property, rather than as in the UK by holding a Deed proving that they do.
Provided that the operation is conducted by notaires and estate agents
approved and appointed by the French Government, there is virtually no
risk of fraud - and guzumping is impossible. Under the terms of an
Ordinance of 2 November 1945, a notaire is an "officier ministérial"
qualified in law appointed by the Government, to supervise on their behalf
all legal transactions involving property. The profession of estate agent,
(agent immobilier), is regimented by the Hoguet Law of 2 January 1970,
which requires the possession of a "licence de droit", and also a licence
to practice, (Carte Professionnelle), issued by the Préfet. Whilst it
would be impossible for an unauthorized notaire to operate unnoticed since
he is essentially a link in an official chain, unfortunately occasionally
foreign nationals set up as unauthorised estate agents. However, of recent
years due largely to their inability to declare an illicit income, they
have attracted the attention of the Gendarmerie We would be delighted to
clarify any legal or financial aspect of buying property in France. Eric
Sadler (Carte Professionnelle N° 71) Cabinet International Place de la
Halle. 82120 Lavit de Lomagne. France
For further details, please
contact:
Cabinet International
(Gloria
Sadler)
Place de la Halle
82120 Lavit de Lomagne
France
Tel:
(France) (00 33) 5 63 94 09 24
Fax: (France) (00 33) 5 63
94 09 30
E-mail: gloria-sadler@wanadoo.fr
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Site last updated: 17 October, 1999
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