Lawyers firm expert in company registration Megève

Alexandra ETASSE, in charge of the law firm's International Department, is a certified specialist of Private International Law Her dual training and professional experience, both in France and abroad, enables her to assist international clients, border residents, or clients residing outside of France, for the purchase, financing and estate planning. mortgages or financing, and any other subjects pertaining to legal and taxation aspects as regards real estate ownership. She also helps her clients find the most suitable way in which to acquire property in France and structure the financing and purchase of real estate in France. She mainly handles international cases, in particular for English-speaking clients or any other international clients, for the acquisition and sale of property in France, cross-border financing, loans carried out by foreign citizens, and any other issues pertaining to the legal and fiscal aspects of real estate. For all matters fitting into an international context and real estate transactions, or financing plans, the International Department of ETASSE et Associés law firm assists and advises its clients whether they be foreign, non-residents, border residents and expatriates or French people residing abroad. The International Department of ETASSE et Associes will assist you in any purchase or sale in France with an international aspect, be it that you are foreigners without a command of French, or French nationals abroad, or even in a cross-border situation. The International Department of ETASSE et Associes will take charge of drafting the compromis de vente (sales commitment) or promesse de vente (sales undertaking) and the final deed of sale while providing you with expert advice on Private International Law. We will give you guidance throughout your project so that it can be achieved with the greatest possible success. As soon as we receive the documents pertaining to your file, the International Department of ETASSE et Associes will carry out a comprehensive study in order to discuss with you all the questions that concern you regarding taxation (e.g.: advice on the ISF wealth tax and international taxation), real estate capital gains for non-residents, notary's fees, setting up financing in an international context, deciding on your matrimonial regime, estate planning, protection of the spouse and/or heirs. … Naturally, all the legal particularities occurring in your case will be analysed as will the specificities relating to any international considerations. The objective of Alexandra Etasse and of the International Department of ETASSE et Associes is to answer your questions, assist you in your purchase or sale project and to ensure complete legal certainty.

The lender's preferential right is a security interest on the property. This security is unknown in most States. In an international context the PPD cannot always be used. The validity of the PPD assumes that it is recognised under the law of the country where the property is located (French law) and under the law applicable to the loan agreement. Conversely the lender's preferential right will not be recognised if it unknown in either of these two law systems. If the property is located in France and if French law is applicable to the loan agreement, a PPD may be taken

This situation is very frequent. However, it can present a number of risks: the risk of being in the obligation to buy whereas the sale of the flat has not yet taken place and the price of sale has not yet been paid; the risk of having sold whereas acquisition has been made impossible due to external factors (important legal problem in the file); the risk of being unable to coordinate sale and purchase at the same time. Once you have taken the decision to carry through on this project, you must get in touch with  the international department of  Etude ETASSE et Associes in order to be counselled well upstream. In effect, a number of clauses must be inserted at the time of signature of the sales agreement or of the undertaking to sell in order to protect yourself with regard to the conditions precedent. Moreover, it is important for you to fully understand the stakes of this purchase/resale. Lastly, the international department of ETASSE et Associes law firm, with your assistance, must study your sale file in order to have the time to bring up and iron out any possible difficulties so as not to be subject to delays that might be prejudicial to you.

Generally, the preliminary agreement provides for approximately three months between the signing of the preliminary agreement and the signing of the deed of sale. During this period, the purchaser must obtain financing and more specifically their loan offer. The exact time limit for the purchaser to provide evidence of this loan offer is indicated in the preliminary agreement; in practice it is between 45 and 60 days. If the purchaser does not obtain a real estate loan, if he provides evidence that the loan has been refused and that the conditions laid down in the preliminary contract have been met, he can in principle be released from all obligations and recover his security deposit. If the purchaser obtains his loan, once the loan offer has been received the borrower will have a minimum of 11 days from receipt to accept it. 

  Yes, both members of a separated couple can benefit from the exemption in respect of the sale of the principal residence even if one member of the couple continues to live in the property. The exemption is subject to the fact that the property really was the couple's principal residence until the time of separation and that it subsequently continues to be the main residence of one member of the couple. 

  - the deed of ownership - a copy of the identity card or of the passport of each vendor - a copy of the condominium rules and regulations and of all amendments thereto - the minutes of the general meeting of condominium owners for the last three years - a copy of the last four calls for condominium fees - a document called ‘dated pre-statement’ (pré-état daté) to be filled in by the property management firm, for which you will be billed (model provided by the notary) - asbestos diagnosis in the communal parts and, where applicable, all other technical diagnoses carried out in the communal parts - a copy of the last property tax notice in your possession - the Carrez law certificate of surface area - the compulsory technical diagnoses: asbestos, lead, energy performance, statement of natural and technological hazards, electrical diagnosis (unless the electrical installation has been entirely redone in less than fifteen years and you are able to provide proof thereof with bills), gas (if there exists an installation for heating or for the production of hot water using gas and it is less than fifteen years old) as well as, for most departments, notably Paris, a report on parasites - if the property is leased or might have been leased: a copy of the lease and of the letter of notice for the lessee to vacate - all information or documents relating to the flat and to be brought to the buyer’s attention under the duty of loyalty: work carried out in the flat, defects, disputes, etc.