A property transaction is always challenging and rarely straightforward. The sale is perfect if the seller and buyer agree on the property and the price… but disputes arise immediately afterwards. Property law is complex and gives rise to numerous disputes. Finding the best property lawyer is reassuring, but how do you go about it?
To select the best property lawyer, you need to proceed methodically. First of all, what kind of litigation is involved in your property transaction? Are you looking for a lawyer to deal with a dispute that is already underway or to assist you throughout your property transaction? In the run-up to the purchase, his legal advice is invaluable for avoiding the pitfalls inherent in any property project. During the property transaction, he will check the conformity of documents such as the preliminary sales agreement or the building contract. Once the property has been purchased, he can help to resolve any disputes that may arise amicably or take legal action.
Understanding litigation and what it takes to win
Property law is vast, and property disputes involve concepts of civil law, public law, tax law, town planning law, etc. So you need a law firm with a broad range of skills. Especially as prices in Paris are so high that the financial implications of a property purchase dispute are staggering.
A property transaction lawyer handles any disputes that may arise in different ways. For example:
- disputes relating to ownership and the building: division of communal areas, refusal to carry out planned works, disputes with the property manager over the inventory of fixtures, etc.
- a dispute with the vendor: discovery of hidden defects, actual floor area less than that stated in the deed of sale, action to cancel the sale or reduce the sale price.
- a dispute with the tenant occupying the property if you are buying a rented flat: how do you evict the tenant? How do you get your property back? How can you hold the seller liable if he failed to notify the tenant of the proposed sale?
- proceedings against the various intermediaries consulted during the property transaction: architects, estate agents, local authorities, surveyors, building contractors, etc. For example, you may wish to call on the services of a property lawyer to challenge the refusal of planning permission, optimise property transactions, or anticipate the sale of your property.
A lawyer present at every stage of the property project
But you may also need the advice of a property lawyer before you buy. For example:
- You’re buying a flat as a cohabitee and you’re wondering about the best way to organise the purchase, particularly in the event of a break-up. Should you set up an SCI (non-trading property company)? What are the tax and inheritance implications?
- You’re buying as a married couple under the legal system, but with different contributions. How can you best anticipate the risks involved in a divorce? You are remarried and have children from a previous marriage: what happens if you die? Do your children necessarily become joint owners with their father-in-law or mother-in-law?
- You inherit a family home with your brothers and sisters, or even cousins. What’s the best way to manage joint ownership? What happens if one of the joint owners does not agree to sell the property? How do you force him to sell his shares or agree to the sale? Which legal contract is best suited to the situation?
Finally, property disputes may arise after the sale, not only with the seller but also with third parties:
- taking legal action against your tenant for unpaid rent,
- calling in a lawyer to put a stop to neighbourhood disturbances,
- fighting noise and odour nuisance from commercial premises in the building.
At every stage of a property transaction, you need a competent and available property lawyer. A lawyer can also act as a mediator between the parties in a dispute. His role is not limited to legal action in real estate law.
Identifying the skills needed in a property dispute
Aproperty lawyer is a professional with a wide range of skills. They provide advice as well as litigation. They focus on resolving property disputes through the courts, but can also skilfully guide buyers and owners through amicable dispute resolution procedures such as mediation.
For private individuals, the property lawyer’s skills are enhanced by the essential qualities of listening and teaching. They have to explain all the complexities of property law to lay people. To do this, they help buyers to read over deeds of purchase, draft clauses in residential leases and set up SCIs (non-trading property companies). Building up a property portfolio may also require sound advice on tax matters.
He then assists with legal action when necessary to defend the interests of a property buyer. He acts before the courts to obtain recognition of the existence of latent defects, to obtain a finding of late delivery of a building, or to obtaincancellation of a promise to sell between the buyer and seller of a property.
If you are an individual, should you choose a property lawyer who specialises in defending property developers, for example? If the skills are there, the relationship with the client may be different between a lawyer for individuals and a lawyer for companies.
Planning law can be very useful in providing relevant advice on the feasibility of your property project. Choosing the right lawyer specialising in property law will ensure that your interests are defended in any disputes with the authorities or local authorities, such as land-use planning permission or compliance with the PLU (local planning scheme).
How do you choose a property lawyer?
Everyone has their own method, but a few checks are in order, given the sums involved in a dispute relating to a property project. You can choose a lawyer on the basis of a recommendation, in your area or according to his fees.
Choosing a property lawyer by recommendation
Some of your friends and family may know a property lawyer in Paris or in your area. Word of mouth is now joined by recommendations on social networks and reviews left on websites.
In all cases, take an interest in the disputes handled by the lawyer and in people’s feedback. It’s very different to know a lawyer and to have called on him in a property dispute.
Finding a property lawyer is simple. All you have to do is look in the directory of the Paris Bar or elsewhere. But choosing the right lawyer for your property dispute is another matter. You need to look at the reputation and seriousness of the law firm.
Where can I find a property lawyer?
If you want to arrange a meeting with your property lawyer to explain your problem in detail, you might as well do it close by. Our Paris 16 property law firm is easily accessible from all over the Paris region.
Real estate litigation in Paris is the same as in the provinces. Consultations by telephone or email are now part of the working habits of the best law firms.
Choosing a property lawyer for his or her experience
Once you have clearly established your needs and checked that you have the necessary legal skills, you select a lawyer specialising in property law to help you. Over and above their technical skills, it is their experience that makes them so valuable.
Who are the firm’s regular clients? What type of business does it generally handle? What contracts does it draw up? What proceedings are in progress? Does the firm have enough time to bring your property dispute to a successful conclusion?
Are you interested in the size of the firm: a small law firm or a large law firm? A law firm specialising in one area of property law, with lawyers specialising in co-ownership law, or a law firm with cross-disciplinary skills:
- public law skills to challenge a refusal of planning permission ;
- skills in family law to provide sound advice on buying a house, divorce or settling an estate.
Choosing a lawyer based on fees
The first meeting with a property lawyer is an opportunity to see whether the feeling is right, whether he or she has a good grasp of your issues, and whether he or she can answer your questions. A relationship based on trust is essential to the successful management of a property dispute.
The question of the solicitor’s fees should be raised very quickly. A fee agreement will be submitted. Mandatory since the Macron Act of 6 August 2015, the fee agreement covers all advice, assistance and drafting of legal documents and pleadings. It will specify the task entrusted to the property lawyer, the detailed terms of his remuneration and any operating costs.
Lawyers’ fees vary according to their experience, their specificity and the complexity of the case. Different formulas are possible, such as flat-rate fees, fees based on time spent or subscription fees.
Hiringa property lawyer is an investment and a guarantee of peace of mind. Given the amounts involved in a property transaction in Paris, peace of mind and security are essential to safeguarding your assets.
Choosing a lawyer according to the problem encountered in the property project
A lawyer to resolve a dispute with an estate agent
First and foremost, a property project often involves an estate agent. Despite the agency’s obligations to provide advice and information, complications can arise during the property transaction. If you are a property owner, you should carefully study the clauses of the sale mandate, or even the possible purchase mandate for a future buyer.
Signing a mandate is compulsory, and must comply with certain legal constraints: a limited duration for the mandate, detailed fees and a clearly defined scope of work. In the absence of any of these requirements, the estate agent’s mandate is null and void. As the sums at stake in Paris are very large, the services of a lawyer are advisable, if not compulsory, if you want to take an estate agent to court.
A lawyer to resolve a dispute over technical diagnostics
If you are a buyer, everything comes into play when you draw up the promise to sell or the compromis de vente. Since the Alur law (for access to housing and renovated urban planning) of 24 March 2014, most of the essential information and diagnostics must be included with the compromis. You can have it drawn up by a notary, by an estate agent or directly between seller and buyer. In all cases, the drafting of this preliminary contract for the sale of a property is particularly important. Taking advice from a lawyer specialising in property matters will reassure and reassure you. He can identify the pitfalls of a badly worded suspensive clause or a missing diagnosis.
The property technical diagnosis file (DDT) includes more and more information: lead, termites, electrical status, etc. Recently, the energy performance diagnosis (DPE) became enforceable. A diagnostic file that does not comply with the regulations, or that has been produced by a non-certified company, is the responsibility of the vendor and may result in the sale being cancelled.
Estate agents are obliged to publish an advertisement containing the DPE, failing which they can be fined up to €15,000. The diagnostician may be held liable if the DPE is inaccurate (unless it can be shown that the owner did not provide the correct information). In short, the diagnostic file is becoming a major source of disputes during the implementation of a property project.
Goldwin Law Firm can help you manage and deal with property disputes at any stage of the transaction. The firm has all the legal skills and experience of handling complex cases to help you realise your property projects. Our property lawyers know how to implement creative strategies to best defend the interests of all those involved in property ownership.
