Due-diligence

Below are listed some of the most important points which must be adressed before acquiring property. The notaire will verify these points, but which you should be aware of the following:

 
Asbestos investigation
(Situation de l'immeuble au regard de la réglementation relative à l'amiante)
The seller declares that the property, being used for habitation, contains no asbestos. A certificate prepared by an approved surveyer will be requested by the notaire.

Lead poisoning investigation
(Lutte contre le saturnisme)
The seller declares that, to his knowledge, there is no risk nor history of leadpoisoning in the building. A certificate prepared by an approved surveyor will be requested by the notaire.

Termites
(Etat parasitaire - termites)
We recommend asking for a technical survey for the presence of termites. In many areas, it has already become compulsory and will be requested by the notaire for the execution of the deed.

Right of pre-emption
MUNICIPALITIES:
Municipalities may also pre-empt. The notaire is responsable for obtaining a statement of renunciation.

SAFER:
Safer is a French statutory body which has the right to pre-empt any sale of farming land covering more than 2 500 m² (about 25 000 sq²) of land in order to facilitate the settlement of new farmers, or preserve the environment. The notaire is responsable for obtaining a statement of renunciation.

CONSERVATOIRE DU LITTORAL:
This government body has a right to pre-empt properties located on the sea coast. The notaire is responsable for obtaining a statement of renunciation.

TENANT:
If the property is leased, the tenant may have some pre-emptive rights. The notaire is responsable for obtaining a statement of renunciation. Note that under French law, leases cannot be easily terminated. Your notaire will advise you.

Swimming pool safety laws
A new law was recently passed regarding the safe usage of swimming pools. The final standards were published and ratified in January and March 2004, by AFNOR:
  • Safety Barriers (Fences) - FinalStandard published NF P90-306
  • Safety Covers - Final Standard published NF P90-308
  • Pool Alarms - Final Standard published NF P90-307
  • Pool shelters - Final Standard published NF P90-309


  • You can obtain information free of charge on the Francenotaire / Le Guide / Vie professionnelle Website

    Mortgage
    The notaire must make sure, when preparing the final deed, that the revenue generated from the sale is sufficient to clear all debts registered against the property.


    More generally, the notaire verifies that there have been no rights-of-way created by the seller which will impact on the usage of the property and which are not described in the provisional sale agreement. The discovery of any such problem gives the purchaser the right to withdraw his purchase offer.