Buying French Property with Power of Attorney
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In France, you can grant power of attorney (procuration) to a Notaire, allowing someone to act on your behalf during property transactions or legal matters if you cannot be there physically. You can also sign a power of attorney online using secure digital platforms overseen by the Notaire to ensure legal compliance. Your Notary can confirm whether this is possible through a remote Power of Attorney (POA).
Why Use a Power of Atorney in France?
A Power of Attorney could be the key to remotely securing your dream French property without leaving your home. They are particularly useful for investors buying new-build and off-plan properties and were extremely useful during the pandemic.
Normally, most property buyers are not required to use Power of Attorney. But, recent events have shown that it is a valuable tool for non-residents looking to purchase property in France, helped by the rapid development of new communication technology.
The conclusion of an authentic notarial act (for example, a property sale or a donation) through an agent, who can be a relative or a notary clerk, requires establishing a Power of Attorney. Until November 2020, any power of attorney established before a notary had to be signed in the presence of the parties to the act, particularly the principal.
The notary can establish a power of attorney via an electronic system that ensures security and confidentiality when one or all parties cannot be present in person. This arrangement particularly facilitates the conclusion of authentic acts for French citizens or real estate buyers who reside abroad.
You Will Need the Following
To sign a power of attorney online with your notary, you must be able to have the following equipment and a quality internet connection:
- a recent computer with a webcam, microphone and speakers
- an up-to-date browser such as Google Chrome, Mozilla Firefox, or Safari
- a high-speed Internet connection, the videoconference must be of high quality
- a personal email address to receive signature notifications sent by the notary
- access to the electronic mail application that manages your emails
- a mobile/cell phone to receive SMS/text messages
- a scanned colour copy or the original of a valid ID card or passport
How to Connect from Overseas
Your notary will recommend the video conferencing system. You will be required to use their preferred secure system, which was approved by the legal profession. Using public applications such as Zoom, WhatsApp, FaceTime, Skype etc… is not permitted.
How Does It Work? What Are the Steps?
Practically speaking, the procedure unfolds in two distinct phases. Each phase ensures a smooth and efficient process, from the initial preparation to the final execution. Let’s look at the details of each phase to provide a clear understanding of what to expect.
Filing Documents and Verifying your Identity
The documents and elements of the transaction are exchanged and made available through a secure digital platform.
To sign your power of attorney, you must have your identity verified remotely by a certifying officer and create a qualified electronic signature. Your notary will provide you with the procedure to follow. This process must always be carried out before signing your power of attorney, and it’s recommended to do it the day before the signing through a remote meeting with your notary to avoid any last-minute technical issues.
If you have met the chosen notary in person during the last ten years, and if the notary maintained a copy of your details, your mobile number and your personal e-mail address, all you need is a two-sided scanned copy in the colour of your identity document or its original, your mobile phone and your e-mail address.
Signing the Power of Attorney Remotely
Your notary will e-mail an invitation to a videoconference session on the day of signing your power of attorney, and you will be asked to connect on this day using the Visio conference software provided by your notary.
A video feed will be established with your lawyer while the act is being read so you can see, talk to and discuss it with your lawyer live. The notary will carry out all the due diligence remotely, which is its responsibility.
After reading the act, the notary will use your private email address and mobile phone number to send you a link with the document, which you must sign electronically. You will then confirm using the code received via SMS on your mobile or cell phone. Your notary will then sign the authentic electronic power of attorney, allowing you to sign the legal documents.
Resources for Buyers and Investors
We hope the information provided regarding the Power of Attorney is helpful. We recommend familiarising yourself with the various stages of buying a property in France. Take a look at our brief guide to the purchasing process, which consists of five simple steps. Next, learn about the compromis de vente (pre-contract), research opening a currency account for your deposit and future international transfers, mandatory house and content insurance, and calculate the notaires/legal costs.
Are you looking to relocate, invest, or find a French holiday cottage in the countryside? Our team is committed to ensuring a smooth and stress-free process. Register with us to receive property alerts, based on your specific criteria, or contact us, to begin your journey to owning a piece of France.
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