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Viager in France and releasing capital from a French property
People who sell en viager can stay living in their home and receive a lump sum along with a monthly sum for life
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Not respecting planning permission can cost you (a lot) in France
Extensions that go over permitted amounts can be demolished – with owners having to pick up the costs – if neighbours are affected
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Home renovation grants simplified in France from today
It should now be easier to apply for help to install a new boiler, for example, but homeowners will need to act quickly
Selling property in France: What is a ‘garantie d’éviction’?
If you are selling your French property, you should have come across this legal mechanism
Reader question: I have heard of a garantie d’éviction needed for people selling property. Do I have to sort this? And how? I am currently in the process of selling up in France
The short (and long) answer is no, as this happens automatically as part of the property selling process in France.
The garantie d’éviction is a legal mechanism that obliges the seller to guarantee the purchaser a quiet entry into possession and peaceful enjoyment of the property sold.
Eviction means you have, either partially or totally, given up your ownership and enjoyment of the property in question.
In the case of a sale such as yours, this will most likely involve giving up total ownership. It is basically a guarantee of vacant and legal possession and means that the seller guarantees that the purchaser, once they have moved in, will not be disturbed, for example by a third party saying they have a claim on the property.
If that happens, the purchaser – having effectively been evicted from their home – has the right to claim back the purchase price of the property from the seller. There may also be a question of a “charge” encumbering the property not declared at the time of sale (such as an easement allowing the passage of a pipeline).
Query answered by Sarah Bright-Thomas of Bright Avocats. If you have a legal query, send it to news@connexionfrance.com.
More on French property law and rights
New-builds in France from 2021 must feature walk-in showers
House prices are rising faster in France than apartments
Help Guide: Owning a second home in France - What you need to know