When buying property in France, never hand over your hard-earned baguette unless you have had the papers checked by a lawyer, writes Robert Browne

Richard and Sally went on holidays to Biarritz in France last year. The weather was superb and the view from the balcony was paradise.

While there, they made enquiries about purchasing a house in the area. This led them to an English-speaking financier and a French property agency.

Things looked up when they were quoted a mortgage rate of 3 per cent and were given an example of rental figures which showed they could pay off the mortgage, taxes and outlays and still get a small income for themselves. It was self-financing! Delighted, they went to the estate agent's office to sign the contract. There, a contract was handed to them in French and the financier read out the "important bits" in English to them.

Richard and Sally said they wanted a structural survey of the property and that the contract was to be conditional on it. They were told they could have one if they paid for it themselves. The contract was conditional on them obtaining loan approval. The financier said he would arrange the mortgage. They signed the contract there and then and handed over a deposit of €30,000.

All French contracts have a seven-day cooling-off period, and this seven days went by like a French winger past an Irish prop.

No structural survey arrived. Of course, it wasn't written in the contract. It was not stated who was to organise it. What the contract did say was that, no matter what was agreed verbally, the written contract was final. How would an Irish person know how to source an architect and explain to her what a structural survey was?

Another difference between Irish and French contracts is that the French contracts oblige you to apply for a mortgage within a set number of days. If you make no application, you are in default, and the contract becomes binding on you. Only if you are refused loan approval are you allowed rescind the French contract.

Back to Ireland, Richard and Sally waited for the structural survey, the final figures and mortgage application forms. Nothing came. Eventually the mortgage application forms arrived but Richard and Sally were already in default. The figures also came and, not only had the small income disappeared, but the mortgage repayments were more than they could afford. They lost the deposit. French lawyers advised that they had no case against the vendor to get the deposit back, but they might have a case for damages against the agency and the financial adviser. However, the risks involved in litigation were too great and they lost their €30,000.

One of the main problems was they did all this without either a French notaire or Irish lawyer. Hindsight is wonderful but, as a matter of foresight, never hand over your hard-earned baguette unless you have had the papers checked by a lawyer. It is essential that, unless you are proficient in French, you get someone who will explain the documents to you in English and convey your requirements to the notaire.

The notaire, unlike most European lawyers, does not act for either the seller or the buyer. A notaire is a state appointed official whose duty it is to ensure that the property is correctly registered in the name of the purchaser, and in accordance with the proper procedures. The notaire should act impartially in the interests of both buyer and seller.

Holiday homes can often be located in remote rural areas. It is important to establish that all services including water supply, electricity and sewerage facilities are available. In France, carry out this work before signing the initial contract as, once the contract is signed, it is binding on both parties and not changeable without agreement from both sides.

There follows a period of generally six-to-eight weeks in which searches are carried out to ensure that the property is not subject to any imminent environmental changes. During this time the purchaser will be required to resolve the financing of the purchase. These searches and other contractual matters are carried out by the notaire.

Problems may arise where the land is insufficiently identified. In France, one property may often be made up of several smaller pieces of land known as parcelles. Make sure you know how much land is included in the sale and check the boundaries with a map (Plan Cadastral). If in doubt insist that a surveyor (géomêtre) maps and pegs the boundary. Also check if there are any rights of way over the property.

If there are several buildings, even small sheds, a garage or barn, ensure they are all included in the contract. Make certain that all you see on the land is included in the contract and built with planning permission. If you want to convert the barns, make sure that French planning will allow you.

Sometimes it is nice to do things the French way. Sometimes it just doesn't work. I found the story (shown on Channel 4 about a year ago) of an English couple informative. They bought their idyll in Provence which needed renovation. Budgets were tight, as was the timetable. They wanted to convert it to guest accommodation and the builders were not moving quickly enough. Eventually, the husband took on the work himself, plastered two rooms under the terrace and had just completed the renovation when the rains came and washed it all away. The terrace was not suitable to act as a roof for bedrooms. A structural survey would have pointed this out. If only they had told someone what they wanted before they bought. If only they had got a structural survey.

Remember, before signing: always get a lawyer involved, if you are handing over money and/or signing something you do not fully understand; check out the house, run the tap, flush the toilet, flick a switch; get a map properly marked, showing your boundaries; and check that planning for the property is compatible with your plans.

Robert Browne is a partner in McKeever Rowan Solicitors, 5 Harbourmaster Place, IFSC, Dublin 1, www.mckr.ie