Notary specialised in donation in France by non resident Paris Montmartre 18ème

In France, Notaires have exclusive authority for preparing and drafting  deeds of sale. Once you have chosen a property and agreed on the purchase price, you will typically be asked to sign a preliminary contract which may be drafted by an estate agent or by the notaire. You will also be required to pay a deposit, usually 10% of the purchase price. There is a mandatory cooling off period of ten  days during which the purchaser may withdraw. As part of the sale process, the seller is required to arrange for a number of inspection reports on the property The main reports currently produced relate to  : Asbestos , lead , termites , energy efficiency , environmental, mining and industrial risks , gas installations, electrical wiring, septic tanks. After the preliminary contract has been signed, the notaire will check : -that each contracting party is qualified and empowered to sell or purchase the property - that the seller has a valid title to the property - that the title of ownership does not contain any easements or restrictions, - that no mortgage or charges exist over the property and that all rights of pre- emption have been waived. After completion, the Notaire is responsible for having the title deed recorded at the Land Registry. Finally, consideration must be given at an early stage to who is going to purchase the property. The answer to this question will depend on the personal circumstances of the purchaser, the situation regarding inheritance taxes and the legal implications arising from the purchase.  Please feel free to contact Alexandra ETASSE before signing the preliminary contract to obtain further information and to analyse together what is the most suitable ownership arrangement for you in the purchase of a property in France

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.

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 

If the transferor is not resident in the EEA, and if the sale price of the real estate property exceeds EUR 150,000, a tax representative must be appointed, unless the property sold has been held for more than 30 years. This requirement applies even when there is no capital gain. The seller must foresee this requirement, as the appointment of a tax representative can generate an additional cost for him. We should comment that since 1 January 2015, this obligation to appoint a tax representative was removed for taxpayers resident in the EU and EEA (except for Liechtenstein) in regard to real estate capital gains for individuals

  - 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. 

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.