Clé France

Client's Question: “We have been renting in Gers but are looking to buy a permanent home here. We have found our perfect property through a local agent and have been on a viewing with them to see it. However, since then we have heard through the grapevine that the vendors of the property are willing to sell it privately for a lower fee. How does the buying process work in terms of an agent having exclusivity over you once you’ve used their services? And would it ultimately be better for us to buy the property through an agent, rather than buy it privately, anyway?”

 There are two aspects to consider here, the first is the legal obligation of both yourself and the vendor. When an agent accompanies you to view a property he will ask you to sign a ‘bon de visite’. This will contain his agency details, your details and the reference numbers of the properties you are to view. The ‘bon de visite’ states that you will not approach directly the vendors of any of the properties you are to view within a given period, usually 12 months following the date of the visit.

In order for the agent to present the property for sale, the vendor will have signed a mandate with the agent, which specifies such details as selling price, agency commission, the buildings and land that are to be included in the sale and the terms and conditions of the contract between vendor and agent. These will include a clause which states that during a specified period the vendor is not to deal directly with any client the agent has previously introduced. Should a sale be agreed either privately or through another agent or notaire, the vendor is obliged under the terms and conditions of the mandate to provide the agent with the name of the buyer and the details of the notaire who will be preparing the sale documents. Should the owners decide to proceed with you on a private sale basis, they will be in breach of their mandate, and the agent will be entitled to sue the vendors for his commission.

 The second consideration is the value of the agent’s service. A good French agent will prepare the initial contract, the ‘compromis de vente’. He will guide you through the sale to completion, accompany you to the notaire’s office for signing, assist with the transfer of utilities as well as be a mine of information on local trades people, local facilities, schools etc. For a buyer with perhaps limited French, buying in an unfamiliar foreign system this support is invaluable. Whilst private sales are common amongst the French, it is a huge undertaking for anyone to negotiate their way through legal paperwork, particularly without the very highest level of expertise in the language.

 After all, when you buy property in your own country, you ensure that you have all the advice that is available; buying abroad is no different.      

Blog submitted by: Sharon at Cle France.

Legal Disclaimer: The Clé France website publishes articles and client questions & responses for free, they are for general information purposes only. They do not constitute legal or other professional advice. You should not act or rely solely upon the information contained therein. Copyright © 2013 Clé France. All Rights Reserved.

Client's Question: "My husband and I are planning on moving out to France as it’s always been a dream of ours. We have three children aged 3, 6 and 12 and would want to send them to local schools if possible – we’re just a little worried about how easy it will be for them to integrate into school life as none of them speak good French. It’s the only thing stopping us at the moment, so any advice would be great.”

 Your two youngest children should have no difficulty in settling well. The three year old will be starting in the nursery section, and the 6 year old will start in 'Cours Préparatoire', which is the year pupils start to read and write, so the timing is good. You might like to enquire about any additional language support for your 6 year old, sometimes even small primary schools can offer some additional after school help.

That said, most children moving at this age don’t really need it, the teacher will be best able to advise. You will probably find that they are listening to what is going on around them for the first three or so months, and it is after this point that they start chatting away quite happily at around 6 months.

The local school is always a good choice where possible, as it facilitates the integration of the whole family into the community. The school and its social events are at the centre of village life, and there will be all sorts of opportunities for you to socialise and join in, from simply seeing other parents at the school gate, to serving at the school barbecue and volunteering your services to the Parents’ Association.

It is always a little more difficult moving older children. Your 12 year old would normally be in either her first or second year of 'collège' (11-15 yrs), depending on when in the year her birthday falls. School work is obviously more challenging at this stage, and she would probably be held back a year. There is no stigma attached to this, it is common practice in French schools to ensure that pupils reach the required standard before moving on to the next educational cycle. It would be a good idea to seek out some additional French tuition, if possible before you move, and then continue with that once you arrive.

However, with your older child you might like to consider other options than the local 'collège', depending on what is available to you in your area. International schools are either based on the American or English curriculum, and would offer the opportunity to continue studying in English as well as French, and therefore ease the transition. The student population of some international schools may be somewhat 'transient' though, as pupils sometimes attend for limited periods of time, say 2/3 years, so the social impact of that might be something to consider.

Blog submitted by: Sharon at Cle France.

Farming in France holds an important position in the local communities as well as the minds of many people, both from a cultural perspective and an economic one. French agricultural life plays a role in many corners of the country and top most in Normandy and Pays de la Loire, it is therefore sad to see that following a farm owner's retirement many farms are left to drift into a state of disrepair if no one can be found to take over their running. The effect of this is that the value of the farm drops away and there are some bargains are to be had.

But the French government is keen to see farmland continue to be worked and is especially keen to see younger farmers, including those from the UK, take over the running of a farm.

The Société d'Aménagement Foncier et d'Etablissement Rural (SAFER) is backed by the agriculture ministry and provides advice and information on both buying a farm and the training available for those looking to commit themselves to running a farm, they also have an English language site.

SAFER provides assistance and advice so a quick look at the website would be a good place to start finding out more of what they offer. For example, details of the different tax regimes applicable depending upon both your family status and type of farming project, as well as advice on health and pension provision. Naturally buying a farm in France is not a decision you take lightly, but reading up as much as possible on the subject and calling on the services of  the professionals should get you off to a good start.

Another good site to find more information on Farms and Farming is the EuroFarms website which is a good place to start as it is also available in English as well as French and other languages.

How to achieve the status of farmer?

Criteria :

50% of your working time must be given over to farming activities.

50% of your total income must come from agricultural production, tourism, forestry or other activities ; these activities must be based on the farm.

At least 25% of your income must come directly from the production activity itself.
 
You must be affiliated to the Farmers Health Insurance (A.M.E.X.A.) at the M.S.A. (Mutualité Sociale Agricole).

Do I need to have an agricultural diploma to become a farmer in France?

Not necessarily. You will need to acquire Professional Agricultural Qualifications in some cases ; this is obtained either through the equivalence of the diplomas you have obtained in your own country or by validation of your professional agricultural experience.  

You will need them if you are going to request financial aid from the State and if you apply for authorisation to farm.

What is the “installation route”?

The aim of the installation policy is to encourage a large number of young candidates, capable of taking on the responsibility of a farm within the context of a viable project.
 
There are two main grants: the Young Farmers installation grant (DJA) and Young Farmers loans intended to finance installation.
 
All applicants for these installation grants must follow what is known as the “installation route”, which includes an economic approach to the installation project, professional qualifications and monitoring of the installation according to the following stages:
- Acquisition of professional capacity 
- Search for a farm and access to property
- Preparation of installation and fine-tuning of the project
- Financing of the installation project
- Validation of the installation project

I am not a member of the European Community, can I become a farmer in France?

You can become a farmer in France, however, you will not have access to State financial assistance with installation, except if a bilateral agreement has been signed in this respect with your country.

What will my application be worth, up against a French application?

At a time when the number of farms is dropping year on year, installation of young farmers has become a priority – wherever they are from.
It is the quality and maturity of the project which overrides, in principle, the origin of the project creators. (However it may be the case that local candidates, because of their integration into the local rural fabric, benefit from advantages compared to other Europeans).

Building up a mature, viable project is your surest asset and TDE is here to help you.

Thank you to the websites mentioned here for the content of this article. Happy Farming.

Blog submitted by: Sharon at Cle France.

Legal Disclaimer: The Clé France website publishes articles and client questions & responses for free, they are for general information purposes only. They do not constitute legal or other professional advice. You should not act or rely solely upon the information contained therein. Copyright © 2013 Clé France. All Rights Reserved.

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Hope everyone is having a nice weekend and if you have France on your mind then... put the kettle on, fire up the internet and settle into the best choice for French Property by visiting the Cle France website.

Great Properties, Expert advice, Information, Where to buy in France - it is all in one place for YOU...

1 Central office - 100+ agents - 7000+ properties on 1 WEBSITE - it is definitely the place to start your search. 

Of course we would say we are the best place to look, but that is backed up by the fact we have the very best 'local' agents with French property priced at 'local' French property market values!

All under the Clé France umbrella where our team will respond to your questions and arrange your viewings for you.

The place to be this weekend is with Clé France - The French Property Network:

Everything you need for your French Property search available to you in the comfort of your own home!

Hope everyone has a nice weekend, Alex.

Great News - we have several new 'agent commercials' ready to upload new properties for sale in Poitou-Charentes which will boost our property numbers in the region by around 350 just for starters!

The properties for sale will start to appear mid-next week around the 19th September so if you are searching for property in Deux-Sevres and surrounding areas then the choice is about to get much better!

Blog submitted by: David at Cle France.