Legal advices for foreigners in property purchase in France Paris Montmartre 18ème

Yes you can choose a notary anywhere in France to assist your in a property purchase. The purchaser and the seller can have different notaires, and  this will not incur any extra charges or fees

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

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. 

Marriage, a union and mutual commitment between two people, is considered as being international in the three following scenarios: the union of two French nationals living abroad, of two foreign nationals living in France, or two spouses of different nationalities. Though these situations are increasingly frequent, special attention however needs to be paid to the requirements for international marriages to be recognised in order to ensure the latter's full effectiveness and avoid any subsequent difficulties. Generally speaking, to be recognised, a marriage must comply with the local rules applicable in the location where the marriage was celebrated, as regards the formal requirements (ex: civil or religious marriage, etc.) and the personal rules applicable to the spouses (depending on their nationality), as regards substantive requirements (ex: age of majority). The situation of French nationals abroad and foreign nationals in France must thus be distinguished. * conditions for the recognition of marriages between French nationals abroad: Many formalities must imperatively be observed should French nationals marry abroad. Before marrying, the future spouses will need to request the French consulate of the country in which the marriage is to be celebrated to establish a "certificate of no impediment". Next, the spouses will need to "publish the banns". Finally, the marriage will imperatively need to be recorded in the French civil status registers. To do so, the spouses will need to contact the French Consulate or Embassy. *conditions for the recognition of marriages between foreign nationals in France: In this case, the local rules – i.e. the French rules – will apply. The marriage will thus be celebrated before a French Civil Registrar. If the two spouses share the same foreign nationality, their marriage may also sometimes be celebrated in front of their country's consular or diplomatic authorities. However, the substantive requirements under the law of each of the spouses' countries will need to be observed (ex: as regards the age of majority) and the spouses will need to make sure that their national laws do not impose a religious celebration as a condition for validity. If the foreign law imposes the latter requirement, it would then be in the spouses' best interest to carry out a religious marriage after the civil marriage in order to ensure the effectiveness of their union in their country of origin.

It is best for mixed couples (where one of the two spouses is of foreign nationality) or couples wishing to relocate or already living abroad, to formalise a marriage contract within which they shall choose the law applicable to their matrimonial regime. Failing this, in many cases, the nature of their matrimonial regime will remain uncertain. In general, the spouses will have the choice between the three following laws: -the law of the State of which one of the spouses is a national at the time of the act, - the law of the Sate within which one of the spouses has their habitual residence at the time of the act, - or the law of the first State on the territory of which one of the spouses will establish their new habitual residence once married. Apart from this choice of law, you need to anticipate any difficulties linked to the coexistence of several legal systems throughout the world so as to secure at best the effectiveness and recognition of your marriage contract abroad. To do so, feel free to contact Alexandra ETASSE, who specialises in International Law and heads the international department of ETASSE et Associés, and who will therefore be able to help and advise you in order to consider together the terms for the drafting of the marriage contract 

The international department of ETASSE et Associes can assist its clients with incorporating a company ETASSE et Associés assists its clients with incorporating companies, particularly real estate companies (SCI), drawing up memoranda and articles of association, the choice of form of company and the best adapted fiscal option. It also assists its clients with disposals of company shares, whether a sale or a donation and ‘Dutreil’ commitments are concerned. Moreover, it will analyse the company manager’s type of matrimonial regime. For most questions relating to company law, our law frim favours team work between the various departments.