mortgage in France

Focus on Real Estate Loans for Expatriates / Non-Residents in France

Continuing with our theme of investing/putting down roots in France is this guest post about how mortgages here work. -Ed.

An essential financing tool for any real estate project, your loan can be structured in different ways, including:

The “fixed-rate amortizable loan.” This is the most common type of real estate loan in France. The borrowed capital is repaid monthly until the end of the loan term. The monthly installment includes the interest. 

Both French citizens and non-residents tend to prefer fixed interest rates over variable rates. The concept of variable rates is that they will be adjusted based on a reference rate (e.g., the European Central Bank’s ECB rate) every 3 years. Choosing a variable rate requires a bit more analysis of the market situation at the time of subscription. For example, during the period from 2005-2010, when average rates were at 3-4%, it was conceivable that rates could decrease. In contrast, during the period from 2015-2020, with average rates at around 1%, it is reasonable to assume that rates would not go much lower.

Technically, the loan term can be up to 25 years, but the standard is typically 20 years, with an additional 20+2 years for newly built properties. Extending the term helps strike a balance between rent and monthly installments and also reduces the impact of the debt-to-income ratio.

In most cases, the loan term can be renegotiated as early as the second year. The levers for this include making an early repayment with a substantial amount (e.g., 50,000 euros), which allows for the extension of the term and/or adjustment of the installments, or, conversely, after a period of 5-10 years of repayment, extending the loan over a longer period (which automatically lowers the installments). Banks may apply fees, but these are limited to six months’ worth of interest, so it is not a significant obstacle. However, there are nuances, so it’s important to compare several offers before committing.

The “in-fine” loan. This is widely used in neighboring Switzerland and Anglo-Saxon countries, and involves only paying the interest over the loan term and repaying the entire loan at its maturity. This type of financing is suitable for a more experienced audience because technically, you do not own the property! However, this arrangement is very attractive for rental properties where rental income exceeds interest expenses. The duration of this type of loan is generally 10 years and up to 15 years. The interest rates are fixed and higher than those of an amortizable loan (about +0.25%). 

N.B. Even a non-resident of France can think about real estate projects. You have access to the full range of financing options (within your capacity). 

The 6 Financing Steps

  1. Contacting your broker
  2. Signing the brokerage mandate
  3. Collection and analysis of your documents
  4. Submission of the loan application to the banks
  5. Review of offers, negotiation, acceptance of conditions
  6. Issuance of offers and release of funds

How to Get a Mortgage Loan in France?

Getting a mortgage can be a challenge, and it can be even more complex when you are an expat. Financial institutions may be more hesitant to grant a loan when living abroad, but that doesn’t mean it’s impossible. Below are some items the banks will consider.

Financial Stability

Just as for a resident, the bank first examines your financial situation. Since mortgage loans are not very profitable for banks, it is even more important, in their eyes, to ensure that you will be able to repay this loan. Therefore, banks favor borrowers with stable financial situations. For residents on an employement contract, they will pay particular attention to the type of contract and the employer.

It is recommended to contact a broker. The role of a broker is to streamline the procedures for you and to make banks compete in order to obtain the best financing terms. The borrower will have a single point of contact who will handle all correspondence on their behalf.

Brokers are paid on a success basis, meaning a commission is payable after the funds are released at your notary’s office.

Building a Strong Application

As long as eligibility criteria are met, it is advisable to assemble your loan application as quickly as possible. Our “Societe2Courtage” team is at your service. To facilitate the review of the application, many banks may request document translations. The contents of the application may vary according to the bank’s requirements, but it should always include, in as much detail as possible, the following elements:

  • Identity
  • Current address
  • Marital and family status
  • Exact income
  • Current employment contract
  • Financial situation (debt, existing loans, etc.)
  • Status of assets

Required Down Payment

It is also important to expect that loan conditions will be stricter and different from those for residents. 

To ensure they cover their costs, banks may, for example, require an initial down payment representing between 20% and 30% of the property’s value, while a standard loan for a resident usually only requires a down payment equivalent to 10%. 

The maximum debt-to-income ratio of 35% applies even to expatriates. The bank may also require a real guarantee to secure the loan. For example, they may request the establishment of a conventional mortgage on the property in question. 

Finally, the bank may require the applicant to subscribe to another profitable financial product, such as a savings account or life insurance, in exchange for the loan. 

Please be aware of the deadlines and commitments made with the sellers. Expect a 2-3 month timeframe to obtain the issuance of offers.

If you need help getting a loan, feel free to contact us at Loan Brokerage France, we’re here to help!

Photo by Tierra Mallorca on Unsplash

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real estate in Paris

Finding Your Dream Home in Paris Part II: Financing and Signing for Your Property

If you’ve decided to stay in Paris long term, you may become interested in owning rather than renting. In Part One of this two-part series, I outlined how to find your ideal property. 

Now, as you follow your dream of owning a piece of Paris, the next step is to start thinking about financing your new home as well as how to legally sign for it.

Step One: Choose Your Bank

Check out different banks as to their lending rates. You will want to look at their TAEG (Taux annuel effectif global) which includes various fees above and beyond the interest rate and spread over the time of the loan. Sometimes banks announce a low lending rate but then the fees bring up the cost and the TAEG. Have them print out a proposal for a repayment schedule (échéance de prêt) and simply compare the monthly mortgage offers. Remember, only a couple of tens of euros per month can bring up the total cost of the loan into the thousands.

Also, see how comfortable you are working with a particular bank. The bank will ask you to open an account with them and transfer all your banking needs to that account, i.e., income and all regular transfers. For my last acquisition, I was looking into three banks, including BanquePostale. BanquePostale had the best rate. But, when they became very picayunish as to more document demands, I decided I did not want to spend fifteen years of my financial life with them. However, I was able to use their offer to more strongly negotiate with another bank and then got a good deal from a bank I have been happy to work with since then.

Get a potential agreement from a bank(s) to know where they stand on your real-estate project. They will not sign for a loan until you come to them with a notarized pre-sales agreement. However once that is done, you will only have a short time to get the loan processed. The final negotiations with these banks, and your choice of bank, will take place typically within a month after this agreement is in hand.

Banks can be difficult in awarding loans. The budget question concerns not only how much money you already possess, but how much the banks will be willing to lend. There is a law to protect people against accumulating too much debt (loi surendettement). They must check whether you might be overextending yourself and make sure that you do not. If they do not carry out this role, they can become responsible for your loan. The rule of thumb is that the banks will only lend an amount whereby the monthly payments will not go over 30% of your income, preferably salary.

They do not want to lend to those whose incomes are unsure. They are particularly happy to loan to civil servants, as the latter cannot lose their jobs and therefore can necessarily pay off their loan as planned. They also offer loans to those who have a CDI (Contrat de duréee indeterminée, long-term, unending contract), as such a contract means the person is most likely not to lose their job. On the other hand, if you are neither a civil servant nor have a CDI, but only have a CDD (Contrat à durée déterminée, a fixed term contract) or even worse, you have a freelance job, they may not want to lend to you as they fear you might lose your job and then default. These eventualities must be worked out with the bank.

As a case in point, after three years of legal work to get permission to enlarge my house, I lost my job. Among the answers I got to queries for a bank loan, was the memorable, “Madame, come back to us when you find a job.”

Banks get cold feet and do not want to bother with repossessing your property, no matter its worth, no matter the collateral you offer. They would much rather you just pay and not make waves. It might be mentioned, too, that the law of repossession here is different from in the US. If you walk away from a loan, the bank will sell off your property. If they sell it for more than you owe, they will give you the difference. If, on the other hand, they sell it for less, you remain liable for the difference.

Another French banking difficulty is age. I have just learned that banks will only lend up to the time you are 75 years of age. This means, for example, if you need to borrow 100 000€ at age 65, you must be able to pay back the loan within ten years. Considering interest, insurance, bank fees, mortgage fees… etc. I will ballpark a figure of being capable of paying 1000€/month, and this with an income of a minimum of 3000€/month.

The bank will also try to force you into having your loan insured by them, typically at a rather high cost. Legally you can look for other insurance companies to insure your loan. If you feel the bank will refuse the loan if you do not accept their insurance policy, you might want to accept it just to be able to close, and then change your policy after a year. The law protects this right, but the banks do whatever they can to make it difficult.

Step Two: Make Sure The Bank Likes Foreigners

For Americans who might be buying with money being brought over from the United States, it would be good to discuss the question with a financial advisor, both in the US and France. By law, banks report all cash transactions that exceed $10,000 — the international money transfer reporting limit set by the IRS. This means you need to report any large sum you are bringing over both to the IRS and to the French finance ministry.

The question of foreign transfers gets even thornier in the case where the down payment might be a gift from a US parent. For example, a mother might want to gift her only son $100,000. Under US law she is allowed to gift him $15,000 tax-free per year. After that, a tax applies. 

Under French law, she can gift her son up to 100 000 € every fifteen years. In this case, although he must report this gift to the French Finance Ministry, or his tax office, there should be no French tax on the amount. Before transferring any large amount of money from one country to another be sure to get advice from a professional.

If you want a list of banks that like dealing with Americans, the comments section on this article we wrote is constantly being updated with names of banks.

Step Three: Work With a Notaire to Sign Your Real Estate Sales Acquisition

A real-estate sales acquisition must necessarily take place through the services of a notaire (real estate-inheritance lawyer). You must calculate in your budget the sum over and above the price of the property that must be paid in government taxes and notaire’s fees which are commonly combined and called frais de notaire. A good rule of thumb is to count ten percent, although it usually comes to a bit less.

Once you and the seller have agreed to the sale, the first step is to go to a notaire to sign a promesse de vente (pre-sales agreement). Once the purchase is concluded, the buyer becomes tied to the notaire until the property is no longer theirs. For this reason, it is the buyer who chooses the notaire. Get a recommendation; some do their work better than others and there is relatively little difference in the price. Remember this is a relationship that will last for better or for worse until you sell the property or your children inherit.

This agreement will include the agreed-upon price as well as the time-lapse (typically a month) that is allowed for the purchaser to get (or not) a bank loan. It will also state when the sale is to be signed. Make sure there is a clause that states that if no bank offers a loan, the sale is off at no cost to the purchaser. 

When signing the sales agreement the purchaser will leave a down payment for the seller, but the sum will stay in the hands of the notaire until the final sale is signed. The notaire will also issue you a special document to use whereby should you change your mind within seven days, you will not lose your down payment.

Step Four: Finalize The Negotiations

It is now that you will finalize the negotiations with all those banks you had talked with and make your final decision as to whom you will sign with. On my last purchase, I signed the agreement on a Friday, saw one bank that evening, another the next morning, and left for Chicago on Monday. The rest of the negotiations took place by phone (whereby I got one bright, cheerful call at 3am Chicago time!) and email. I made my final decision on my return three weeks later.

While you are getting your loan in order, the seller will be getting a diagnosis of the property including an ecological report, the final number of square meters and a geological report including whether there is/was a quarry under your building or an underground river bed, whether there are termites, various types of pollution, energy efficiency…

Other things to keep in mind as you prepare to buy: 

  • Are you buying alone? 
  • If there are two of you, are you both signing 50/50 or will the condo belong to only one of you? 
  • Who is paying, or are you both paying? 
  • What is the percentage each one is contributing to the purchase? Remember, in case of any separation the condo will be divided according to each person’s contribution as stated in the deed.

It is possible to make the purchase as an inheritance hedge. For example, you can buy in the form of what is called indivision whereby one person, typically a parent or spouse, will have exclusive use of the property (usufruit) and the other will have ownership. In this case, when the usufruitier passes away, the heir will have untaxed, complete ownership of the property.

Finally, with the bank’s agreement, you can set an appointment and return to the notaire’s for the final signature. The notaire will read aloud every bit of information they have gathered including the date of birth of the previous owner, their profession, how they got the condo, e.g. who they bought from, inherited from, or their loan. On my last acquisition, I was stupefied to learn that the owner had only had a seven-year loan to pay for the property. Those were the days!

Step Five: Pay Attention

Be sure you listen attentively to every word, as boring as it might be. There will be the yearly real estate taxes to be divided up. Now that the living tax (taxe d’habitation) has been more or less phased out, there remains taxe foncier. Normally this will be divided on a pro-rata basis, that each owner will pay the percentage of the part of that year that they owned the property. 

At my last signature, in a second week of September, the owner gracefully said she would fully pay for the taxe d’habitation of that year. I accepted the taxe foncier as of the first week of September, although we only signed on the second week, allowing for a simple division of three quarters and one quarter. It was a very pleasant signature process. The surprised notaire told us the story whereby the buyer and seller negotiated the taxes down to exact pennies.

Make sure everything that was said to be included is indeed included in the deed. For example, my ground-floor neighbor in the main building of my condo gets full use of the garden attached to the building up to the fence where my garden begins. Her exclusive use of the garden was not included in what the notaire read out, and she refused to sign until it was added. In another case, there was a mix-up of storage lockers, and the notaire held back 10 000 € until the right locker was emptied and ready for use for the new owners. Know what you are getting into. You can still refuse to sign if there is a problem that you had not been made aware of.

And now, assuming all has gone well and all the parties concerned have signed all the documents, you will simply leave the notaire’s office, keys in hand, the happy owner of a Paris property. And the rest of the story is yours.

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your home in Paris

Finding Your Dream Home in Paris Part I: Location, Location, Location

If you’ve made the decision to stay for the long haul in Paris, you should be thinking about purchasing your primary residence. As a friend once said to me, paying rent is money thrown away. In spite of rent control, rents do keep increasing. And your landlord/lady can always ask you to leave should they want to sell the condo, house a family member, or move into the condo themselves.

Of course, finding and buying real estate in Paris is easier said than done.

Step One: Determine Your Budget

The first step of your search-and-purchase is setting a budget and deciding on an area. The latter often depends on the former, which implies possible trade-offs in comfort and size for location and price.

The size of the condo will be expressed in square meters (mètres carrés), rather than by its number of bedrooms, all rooms being considered equal. You can thus find a single-room studio condo of 30 square meters, (for a ballpark figure, I tend to multiply by ten to get the number of square feet, thus 300 square feet more or less) just as the same size condo can be divided into 2 rooms. Various sites will inform you of the average price of a square meter in the twenty arrondissements of Paris. You can start by looking here and here.

How these square meters are calculated has been regulated by the loi Carrez which was passed in 1996. It legally defines the living area (surface habitable) of a condominium apartment and must appear in the deed of sale (acte de vente). 

However, the “real” living area may be greater than the living area as defined by the loi Carrez, as it does not include any floor space under 1m80. This means, for example, any sloping roof area in a top-floor apartment, does not count until it reaches 1m80, nor does the area under a staircase until it reaches a height of 1m80. Balconies are not included in this calculation, although they do bring up the price (per square meter) as they make the property more attractive. Also, as another example, my finished basement cannot be considered in the calculation of my house’s liveable surface as the ceiling is at 1m78.

You will thus find announcements that give both loi Carrez (official) living space size and general floor space which might differ, especially for condos on the top floor. The advantage in purchasing a property with such differences is that you can find a nice condo on a top floor, for example, at a lower cost per square meter as it has a sloping ceiling. 

A friend of mine has a wonderful, bright, single-room studio with few square meters according to the loi Carrez, but in fact, has a second floor with a sloping ceiling which serves as a bedroom and bathroom making it into a quasi two-room apartment.

There are, of course, disadvantages. If you ever want to rent out the condo, it is only the square meters according to the loi Carrez that can be taken into account for the Paris rent-control price. Also, you cannot rent out a condo that is smaller than nine square meters according to the loi Carrez, no matter how much floor space there is.

It is to be noted, too, that normally a surveyor has calculated the exact number of square meters in a given condo and this number will be transcribed in the sales deed. You can, once you move in, call in your own surveyor if you believe there is an error in the calculation. If it is found that the condo is more than five percent smaller than the declared surface on the sales deed, you can ask to get a refund for the difference.

Step Two: Determine Where You Want To Live

Check out the average price/square meter in the area you are looking to know in advance if your budget is realistic for the size of the apartment you are looking for. If not, which is more important, location or size? A two-room apartment (i.e. one-bedroom) in the center of Paris, or a three-room apartment in the much less trendy east? Who inhabits the area? Will you be comfortable there? 

An area can differ from one street to another. I was looking for a studio in the 2nd arrondissement and got a call from an agency. He asked if I knew the rue Blondel. No, I didn’t. “There are prostitutes plying their trade there; is that OK with you?” “No thanks, I won’t visit,” even though the price was right. I’m not particularly bothered by prostitutes, but the johns and pimps that accompany them make me uncomfortable.

Visit all the real estate agencies in the area. Get on their lists to be called when something that responds to your criteria comes in. Check online. Agencies advertise on SeLoger, Logic-Immo, and others.

Particulier à Particulier is a site where owners put up their real estate for sale without going through an agency. This is how I found my last purchase, un perle rare (a rare pearl), a French expression for something exceptional: a large studio at a price much lower than the average market price per square meter for the area located in the 100-meter long street that I’d fallen in love with. I badgered the poor seller every evening to get her to let me visit as soon as possible and got myself first in line. After a year of real-estate hunting (the average search time), I knew the prices, knew what I wanted, and neither hesitated nor negotiated and said I’d take it!

Step Three: Get Specific

To save time in your search, when you visit an agency or get a call, ask basic questions beyond the price: 

  • How many square meters is the apartment? Divide the price by the number of square meters and you will get the price/square meter. 
  • What floor is it on? 
  • Is there a lift? 
  • What’s the height of the ceiling? Some ceilings are particularly low; others might be comfortably high. The average is about 2m50. 
  • Is the toilet electric or not? Non-electric toilets are called sani-broyeur. Some toilets have been added to apartments where there are no special toilet pipes and therefore whatever goes in must be ground down. Such a toilet is fragile and always needs changing sooner or later and becomes costly in the long run.

There are various differences in condos to keep in mind. The idea of a “penthouse” is inexistent in Paris. The étage noble (the grand floor, the most opulent of old buildings) is usually the first floor (the one above the ground floor, the second floor in the US) with higher ceilings than the rest of the building, but also more expensive. Top floors, in fact, can be very hot in summer and cold in winter, and usually have sloping ceilings. Ground floors are easy for robbers to get into, tend to be noisier and dirtier from the street, but again, cheaper.

Lift or no lift? It depends on how high your floor is. 5th-floor walk-ups are not uncommon, but less expensive than other floors or apartments that have an elevator. No matter what floor you live on, later you will pay co-owners dues on the lift if there is one.

It is always recommended to ask to see the minutes of the last meeting of the co-owners association (procès-verbal d’assemblée générale) and a copy of the last year’s fees (appels de fonds et de charges). The latter documents will inform you of the approximate yearly cost you will have to pay once you acquire the property. The former will inform you if there are any difficulties within the co-owners association, whether the co-owner selling the property is up to date on their dues, and whether there are any works that have been voted on that you will have to pay for once the property is yours. 

Not looking over these documents may mean you are in for some bad surprises, e.g., animosities among the co-owners making it difficult to get important works done and then paying for them. After moving in I found a wall of my house was separating from the rest of the construction and I had to take both the co-owners association and the contractors next door to court (a two-year process which I won and got everything fixed and all has been well ever since). 

Friends have found an electricity bill that was never paid whereby the new owners cannot get electricity until they can come to an agreement with the utility company. Check, too, the cost of yearly real-estate tax, (taxe fonciere) which you will probably find surprisingly low as compared to US real estate taxes. As a comparison, I pay about 10% of the real estate tax for a similar property in the Chicago area. In fact, Paris real estate taxes tend to be lower than those in other parts of France, as companies pay a good proportion of Paris’ real estate tax. However, our present mayor, Anne Hidalgo has been overspending and this reflects in a yearly rise in the Paris tax bill.

On the other hand, if you find what you believe is your dream property that many others are clamoring for, it can be worth taking the chance (cf. above, my last acquisition) of not looking into these financial questions. I have friends who had seen a condo, checked all the papers, negotiated the price and just before signing the pre-sales agreement, the owner found another purchaser. They finally did buy another condo, but continued to regret the one that got away.

“Seek and Ye Shall Find”

Searching for just the right place to call your own can be exciting, frustrating, long, and time-consuming. But think of it as an adventure as you learn about all the unbelievably different types of living spaces that can be found in Paris. And until you find THE one, consider it a way of learning about this city that you have elected to become home.

In the next article we’ll discuss the financial paperwork necessary to close your real estate deal.

Photo by Isaiah Bekkers on Unsplash

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Mailbag: Home Improvement, Crooks, and Real Estate Lawsuits in France

It’s been a couple of years since I’ve done a Mailbag article. Because so many questions are answered in the comments section of articles or in our Facebook group, I have less and less of a need to do one, but every now and then, I get an email that will be instructive for the general public. This one came earlier this year. The names have been changed and some edits have been made for grammatical consistency.

***

Dear Stephen

You probably don’t remember me but a few years ago you helped connect me with someone to help me with financial matters and I appreciated that. Now I have a new even bigger issue that I don’t think will be as easily solved, however. How do I handle a crook contractor who took my money and never finished the house?

I am an American and have been living in Montpellier since 2008. In 2019, I thought I knew the French system enough to build my own house. Wanting to be careful, I bought a plot with a home on it from a real state agency, Malhonnete Immobilier. The project was already underway (the builder and permits were ready) but the previous buyer had given up because they didn’t get a mortgage.

I bought the plot, but when it came time to sign the building contract, I got a little suspicious because the contractor didn’t have an obvious track record. This is when the immobilier’s general manager took me to see his own house that the same contractor was working on. He assured me that the guy was good and should finish my house in no time.

Well, I signed for the house and even added a pool to the plans. But work started and never finished.

For the past two years I’ve tried to negotiate with the contractor as everyone was saying that it was unlikely that I could get anything done by legal means. I refused to listen and hired lawyers who took my money and promised to get the contractor to finish the work. Two years on, the lawyer suddenly told me that it is a dead end!

In fact, six months ago, I had found out that the contractor had changed the name of his company and modified the registration number for business purposes, going from general constructions/menuiserie to just menuiserie. He had transferred everything from his old company (Menteur Construction) to a new one (Menuiserie 42) he had established a few years back.

I was the one to inform the lawyer and the Court d’Appel that was in process of checking the “Expertise” what has been done and not done. However, the contractor is still operating in the same office, with the same phone number, same email, and same team, doing the same type of work. He still drives expensive cars and has multiple houses. But apparently I only have to wait for the Juge de liquidation to find the money which I am told offers little chance of me getting anything.

The contractor (M. Voleur) when he responds to me, blames the real state agency manager (M. Escroc). Apparently they had a falling out and the agency stopped referring and giving him work, thus he had to close the old company.

I am broke because I have to pay my mortgages, the lawyers, the court, as well as fix the house in order to be able to live in it.

I am desperate. I trusted the French system and I still don’t understand how I have to be one to pay for the contractor’s mismanagement.

At this point, I will welcome any ideas or help! Do you know any good lawyers who can help?

Thank you
Sally

***

Dear Sally

I’m terribly sorry to hear about this. If I had not recently read L’Appart, by David Lebovitz, written in 2017 to chronicle the absolutely money-draining remodeling project of his apartment in Paris, I would not really have anything to say to you. But, after having read the more than 300 pages of that book, and knowing what he went through, here are some disheartening things you have to understand:

  • the law in France is not the same as the law in Anglo-Saxon countries
  • the laws in France are biased against the owners of the property
  • the people involved in homes, from the agents to contractors, are known by French society to be generally crooked and untrustworthy
  • you’ve learned the hard and expensive way that the legal route on these matters in France is expensive and in the end, gets you nowhere

My advice would be to cut your losses and figure out another path forward. You need to mentally divorce yourself from the idea that this will be resolved financially, legally, or even morally.

It’s tough to hear, I’m sure, but simply from reading David Lebovitz’s account and reading your details, I can’t think of another conclusion. I do think that the fact that you “refused to listen” to people and hired lawyers instead was your fatal, and very American, way of thinking.

We are not in America, anymore. The fact that after all this experience you end your letter by asking “if I know a good lawyer” makes me wonder…have you even learned from this experience, because you seem to keep going back, thinking you will get a different solution, when the answers are right in your face: the legal route in France regarding home contractors is a dead end!

***

Jean Taquet often features stories like this in his newsletter to give a broader perspective and after CCing him on my response to her, he CCed me on his own response.

Dear Sally

I want to make several small comments before I get to the legal issue which in France is totally different from the USA.

The worst horror stories I know about regarding contractors, real estate agents, and so on happened in the USA. I am not saying that everything regarding this matter is worse in the USA.

All I am saying is that at my level as a professional-helping-foreigners in France, I have dealt with plenty of awful situations happening in France, and I am aware of similar situations that exist in the USA.

It is absolutely true that the professional ethic benchmark for real-estate agents holding a license is much lower in France than in the USA. The good news is that there are more and more French laws being passed to limit the amount of lying they can do without legal or professional consequences. This said, this applies more to apartment transactions and less to the houses in the countryside.

I was about to buy a house in Burgundy when I discovered in studying the title that half of it was storage space, and a pottery shop which had been totally made over into a living room, bedroom, and so on without a building permit and neither the seller nor the real estate agent ever said a thing about it. And we were accused of bad faith when we walked out of the deal because this was not, in his words, a “big deal”!

Now the legal issue.

In the USA, when there is a liability issue with a professional the plaintiff just needs to prove the existence of damage and to hint that the professional is responsible to put the burden of proof on the professional. This means that the professional has to work hard to get out of this liability.

In France, the system is totally opposite. You as the victim and therefore the plaintiff have to prove “la faute civile” which is defined this way:

1 – prouver l’existence du dommage
2 – prouver l’existence de la faute dommageable
3 – prouver le lien de causalité

This translates to:
1 – proving the existence of a damage i.e., a financial loss
2 – proving the specific wrongdoing that caused the loss
3 – proving the direct and therefore the unique link between the damage and the wrongdoing

In short you cannot just go to court and state that:

  • these are all the awful things that have happened to me because of the work done on my property and
  • this is the company that is doing the work

What you were hoping for is that the court would sentence them and order damages to be paid to you.

This is the American way not the French one.

This is the extent of what I can help you with. I just thought that explaining this might help you better understand what you are going through.

Kindly
Jean

***

It goes without saying that laws around real estate are wildly different in many countries. For example, in Thailand, a foreigner cannot even own property. I hope this Mailbag entry properly cautions Americans and others who have a false perception of how real estate works in France. You’re not in Kansas anymore.

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To Rent or To Own in Paris?

The most important fact to begin this discussion which is directed at those who wish to live in Paris, not those who wish to buy rental properties in Paris is that the current interest rates for fixed mortgages are between 2-3%.  When interest rates are so low, buying becomes attractive, even in Paris.  Add in the fact that tenants of properties have right of first refusal on a property to be sold and buying becomes easier.  But attractive and easy do not necessarily equal simple.  There are a few things to keep in mind.

Selection

I would not recommend buying in a neighborhood that you have never lived in.  With Airbnb and other such options, you have the ability, like never before, to stay some weeks in a neighborhood or arrondissement to get a sense of the scale and speed of it.  Meet the shopowners.  Take a coffee.  Walk around.

Primary vs Secondary

One of the ways that the French state discourages real estate speculation is by levying a significantly higher tax on the sale of a secondary residence vs your primary one.  The “buy and flip” model doesn’t really work here, as a result.

Roots

If, like me, you reject modern notions like “starter home” or the idea that your home is an “investment” that you can sell, like a piece of art or a watch, when the price is right, selection becomes even more important.  What are my neighbors like?  The noise level?  Cleanliness?  This is where you will spend most of your time so it should be better than just tolerable.

Paperwork

The dossier you prepare when you’re renting will remind you of that for the prefecture, except unlike at the prefecture, where if you follow directions you stand a good chance of gaining what you went in there for, when renting you’re competing against others in a zero-sum game if you get the apartment, they can’t, and vice versa.  You’re going to need:

  • Photocopies of your ID(s) = passport + carte de séjour
  • Photocopy of your CDI or CDD if employed, as well as your last three payslips
  • If you are self-employed, your most recent tax filings and/or bank statements from your business account can serve as substitutes for the CDI + payslips
  • Your last three rental receipts from your last landlord, whether that was in France or elsewhere
  • If you think you need a guarantor, you’ll need their EDF and the last three payslips as well

You’ll make multiple copies of this dossier, both in hard copy and digitally, so that you can send them in the format that your potential landlord prefers.

The French, because the law is so dramatically in favor of tenants, really want assurance that they will have the rent reliably paid and in full, and as such will usually pick the highest-earning dossier.  As such there is a common practice of forging/using a friend’s high-income pay slip to “enrich” your dossier.  Many Parisians know at least one person who has done this to get an apartment, if they have not done so themselves!

In extreme cases some landlords will require a year’s rent to be held as escrow as security against a default but I’ve only read about this, and have never actually met anyone who had to do this.

The guarantor (or cosigner, as we would call it in America) is the most frequently-used device, however, for the risk-averse landlord, and a friend recently told me that despite the dual incomes of her and her husband which totaled far above the rule-of-thumb “three times the monthly rent” at least one potential landlord asked her if she also had a guarantor.

All leases in France are governed by the 2015 Alur Law and you cannot simply make up your own lease.  If you want to do the simplest thing, which I did while negotiating my recently-signed three-year lease, just click here to use a free template which conforms to the law.

Some Recent Prices I’ve Seen

Apart from the Syndic, which I discuss below, there’s also property tax for owners, which is really pretty low on my apartment it’s around 1000 € a year.  I often stop when passing by an immobilier (real estate agent) on a Paris street, just to get a sense of prices in whatever neighborhood I’m in, and to continue to hone my sense of the market overall.  I am sharing these three examples to give you a sample:

6 rue Guenot, in the 11th, 2 bedrooms, 27 square meters, 240,000 €

161 rue des Pyrenees, in the 20th, 3 bedrooms, 52 square meters, 374,000 €

5 passage du chemin vert, in the 11th, 4 bedrooms, 94 square meters, 810,000 €

Yes, I know I’m exposing a Right Bank bias, but I’ve never seriously looked on the Other Side of the river.

Last Things

When you become an owner, not just a renter, apart from the maintenance of the apartment itself, you will be subject to charges from the Syndic similar to an HOA in America that can sometimes be very costly.  They recently installed some new piping in the hallways of our apartment and my landlady’s share was 15,000 €!  If you don’t pay, the Syndic can start legal action against you, though it is so ponderously slow that you’ve got enough time to put together the cash you need before it ever goes to court.  Your monthly fees can be around 50 €/square meter per year, so my 53 square meter apartment costs around 2650 € in Syndic fees which are paid by the owner, not by you.  The Syndic is usually hired by the association of co-owners of the building i.e. all of the separate owners and is a managing agent of sorts.  They ensure that maintenance is done, that the building is cleaned, and if necessary, hire a guardian/concierge (our building doesn’t have one, though my last two apartments did, and we seem to get along fine without one).

I’ve said before that I’d like to get a small place just outside Paris for the occasional weekend retreat, but with the recent signing of this lease, and with my landlady’s indication that she may very well wish to sell at the end of the term, I may be in the market to buy in Paris sooner than I expected.  But the dominant thought on my mind as I signed the lease last week was that it would be three years before I would need to think about either my living or immigration situation again, and that allows me time to focus on other, less paperwork-intensive, subjects.

Photo by JOHN TOWNER on Unsplash

TAIP is 100% reader-supported through tipping. If you want to leave us a tip of any amount it would be highly appreciated. These tips help support our efforts to keep TAIP an ad-free environment. Just as at a cafe, the tips are split evenly among the team.