info@henschel-law.com | +49 177 240 2 888
French Real Estate Law
A real estate transaction in France comes with a number of distinct challenges - legal, linguistic, and logistical. To avoid unpleasant surprises, it is advisable to seek legal advice at an early stage. Despite the increasing harmonization of legal systems across Europe, French real estate law still differs significantly from German and American law.
With many years of professional experience at a renowned notary in Paris, I have in-depth expertise in French real estate law. I will guide you step by step and ensure you can focus calmly on your new project and support my clients throughout the entire process - from property search and contract drafting to the successful completion of the purchase or sale.
Furthermore I offer legal advice on French family and inheritance law.
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Consultations are available in German, French, or English, depending on your preference.
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In French real estate matters, I offer legal assistance, among other things, in the following areas:​
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Legal due diligence (purchase/sale). Clear risk assessment of your real estate transaction with action-oriented recommendations.
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Coordination of all stakeholders through closing. I manage communications and document flow among the notary, the real-estate agency, and other parties.
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Support in disputes within the owners’ association (copropriété).
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Advice on French lease law (residential & commercial).
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Assistance in French construction and planning law.
Rechtsanwalt
info@henschel-law.com
Buying and Selling
Clients are supported throughout the buying or selling process for real estate in France—from the initial preparation of the property search through to the execution of the notarial deed. The scope of services includes helping to identify and refer a qualified real estate agency, addressing potential legal and practical risks at an early stage, and, in particular, reviewing the documents relevant to the purchase or sale to support a structured and reliable transaction process.
Property management
Advising and assisting clients with the review and drafting of residential and commercial leases under the French Civil Code (Code civil). Services also extend to common property management (gestion immobilière) issues, including day-to-day legal support for ongoing tenancies, liaising with tenants and property managers, rent and service-charge matters, maintenance-related questions, and handling lease amendments, terminations, and property handovers.
Overview
Below you will find a chronological overview of the key steps involved in a real estate transaction in France. The presentation is based on a fictional case study for illustrative purposes:
A consumer purchases a condominium apartment in Paris for a purchase price of EUR 500,000, using mortgage financing, and enters into a notarial preliminary agreement.
01
Offer letter
Statement by the buyer expressing the intention to purchase a specific property at a specified price and under defined terms and conditions. In practice, this is typically made in the form of a written notice sent to the seller or the real estate agent, either by registered mail with return receipt or by email.
04
Deposit
Upon execution of the notarial preliminary agreement, the buyer typically pays a deposit (dépôt de garantie) of approximately 5% to 10% of the purchase price. This deposit serves to secure the seller and may be forfeited as a so-called immobilization indemnity (indemnité d’immobilisation) if the buyer does not proceed with the purchase, unless the buyer withdraws based on a contractually provided ground.
07
Final deed
Upon execution of the final notarial deed of sale (acte authentique de vente), ownership is transferred to the buyer. The keys are then handed over to the buyer.
02
Acceptance
The seller accepts the purchase offer under the proposed terms and conditions.
05
Right of Withdrawal
Ten-day statutory right of withdrawal for the buyer pursuant to Article L. 271-1 of the French Construction and Housing Code (Code de la construction et de l’habitation).
08
Taxes and Fees
The notary pays the taxes (droits de mutation) to the competent authorities and retains the notarial fees (émoluments).
03
Preliminary contract
The notarial preliminary agreement (compromis de vente or promesse unilatérale de vente (PUV)) sets out the essential terms of the real estate transaction in a binding manner and commits the parties to enter into the deed of sale under the agreed conditions, subject to any agreed contingencies.
06
Financing
As part of the financing contingency, the parties await the approval of the mortgage loan. This approval is typically provided for in the notarial preliminary agreement as a suspensive condition (condition suspensive). If, exceptionally, no such suspensive condition is included in the preliminary agreement, a handwritten statement by the buyer is required.
09
Land Registry
The notary arranges for the registration of the transfer of ownership with the land registry (service de la publicité foncière – SPF). Upon registration, the transfer of ownership becomes enforceable against third parties.