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Frequently asked questions
What are your qualifications?
When and how do I instruct you?
How much will it cost?
When
do I have to pay your fees and how much?
When and how do I pay your fees?
What happens about your costs if the sale falls through?
Do I need my own French solicitor?
What exactly should I check when instructing a French solicitor?
Should I make a
French Will?
What
if something goes wrong, what course of redress do I have?
Can I easily contact you and will I receive regular updates?
Do
you provide legal services nationwide?
Are my details kept private?
What are your qualifications?
I qualified as French lawyer ("avocat") in
1994 and re-qualified as solicitor of
England & Wales in 2000. A
member of the UK Law Society* and the Aix-en-Provence Bar, I am one of the very
few Franco-British lawyers holding a dual-qualification whose main practice area is
French Property law and inheritance matters. (*Law Society number 00331485 - solely practising as avocat).
When and how do I instruct you ?
Often, property purchasers do not seek legal advice until after they have already signed a
purchase agreement. At this point, you may already be obligated. The best time to
contact me is when you have made a purchase offer and been told it is accepted, or when you accept such an offer if you are selling your French property.
I will provide you with a quotation in respect of my fees, before forwarding you some directions on how to proceed. You can telephone me, or email me your instructions. I use my best endeavours to start acting for customers at short notice.
How much will it cost?
If you have not already
done so, you can get a free quote to find out. My fixed fees start from as little as €299 for a pre-purchase contract inspection & report.
When
do I have to pay your fees and how much?
It depends on what work
I am doing for you. Once you have instructed me you will receive an email
from me telling you how to proceed. If you are buying a property, I will request
an amount to cover the initial work that I need to undertake, this will
usually be about half the total fee.
The fixed
fee packages allow for a regular amount of correspondence. If for some reason your transaction
or enquiry generates an excessive amount of correspondence, the
right is reserved to charge on a time-spent basis for the extra work incurred.However, this will never be done without discussing the matter with you first. Costs
can also be billed on a time-spent basis, to deliver a service
tailored to your individual needs. My standard hourly rate is €350 and payment on
account of costs is required. Costs are generally subject to VAT at the rate of 19.6%.
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How do I pay your fees?
I accept personal cheques in all major currencies, credit/debit cards and bank transfers. Please read the online payments Terms and Conditions and Privacy Policy.
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What if the sale falls through?
Where the sale is cancelled before I have had the opportunity to inspect the initial contract and telephone you to discuss the same, I will refund you in full or, if you prefer, carry over the fees which you have paid me to your next purchase.
If I have already inspected and commented to you the reservation contract and you decide not to proceed with your purchase, or the sale falls through due to no
fault on your part, I will roll over my costs to your next French property purchase.
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Do I need my own French solicitor?
Yes, you should appoint your own solicitor to protect your interests. Buying property in France can be a risky business. Charges,
encumbrances and other debts may never have been registered, a deposit may be paid to someone purporting to be owner who subsequently disappears, or completion cannot take place because
the developer has run out of money and declares bankruptcy. It is therefore very much advisable to get independent and impartial advice. As an independent lawyer, I am obliged to comply with strict professional standards, and will get paid regardless of where and from whom the
buyer
buys. Conversely, the seller of the property will only receive his money if the buyer purchases his property and will therefore be unconcerned about what happens next. Almost identical situation happens with many property agents and notaires: they don't get paid unless
a given property is sold and are therefore bound to
let their impartiality slip to get a given property sold.
My assistance is independent of the Notary whose intervention is compulsory in the conveyance or inheritance process, as he is a mandatory legal officer who is responsible for drafting Deeds, obtaining the required certificates and statements with regard to charges on the property with Land registry, collecting stamp duty
and registry fee for
the Inland Revenue. I will assist you through the different stages of the transaction, explain the procedure, its meaning and effects, double-check the legal paperwork and make sure that your interests remain protected. Read
more
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What exactly should I check when instructing a French solicitor?
1. Is qualified to practise French law (i.e. a French Avocat);
2. Is registered as such in France (this is compulsory for all French lawyers);
3. Holds Professional Indemnity Insurance specifically covering advice on French Law.
4. Can officially act for you as "French solicitor" when corresponding with French notaries, banks, etc.
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Should I make a French Will?
It is indeed usually advisable to draw up a French Will when buying or owning French Property. Please note however that a French Will may not necessarily be suitable. Depending on your personal circumstances, a French Will may be ineffective if it contradicts French Inheritance law for example and it could be more advantageous for you to include
a "clause tontine"
in the Deed of Sale, or opt for the French matrimonial regime of "Communauté Universelle". This is something I can arrange for you. Read more
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What
if something goes wrong, what course of redress do I have?
Being a qualified solicitor member of the French Law Society, I comply with strict rules of professional conduct and regulations. For your peace of mind, I am covered by full professional
indemnity insurance up to € 2.5 Million.
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Can I easily contact you and will I receive regular updates?
You can
expect a competent and efficient service at all times. Telephone messages and
emails will normally be responded to within a few hours and letters/faxes within
1-2 working days. You will be advised of steps which need to be taken and
informed of progress throughout the transaction. The office will usually be
manned between 9 am and 5 pm.
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Do you provide legal services nationwide?
I oversee property transactions across the Country, irrespective of the property's location. Customers are most welcome to meet me at my offices in Aix-en-Provence or Nice, but in most cases no meeting is necessary as all communication is conducted by
email, telephone or fax.
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Are my details kept private?
In accordance with Article 27 of the Information Technology and Liberties Act, you have a right of access and rectification regarding your personnal data through Fabien Cordiez Avocat & Solicitor at 19 rue de Montigny, 13100 Aix-en-Provence, France. Declaration of the site has been made to the National Commission for Information Technology and Civil Liberties (CNIL).
For your information, you may contact us at the following Email address: fabien.cordiez@solicitor.fr
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