In short, European law went one way, in the developmental process, whereas the English Common Law went another.  And, since the laws of English colonial legacy became the laws of the newly independent English speaking countries such as Australia, Canada, Ireland, New Zealand and the United States, they are all derivative of the Laws of England. 

Thus, the Napoleonic Code and English Common Law have diverged greatly; as have the laws governing contracts for the sale and purchase of real estate.  As a consequence, a buyer of real estate is well advised to engage a licensed French attorney to guide him/her through what can be a very complicated process. 

Let's take a bird's eye view of the buying process: 

1. The ancillary costs of the transaction:
    
   1. Firstly, all of the costs of the transaction are charged to the buyer.  He/she is responsible for paying a transfer tax in the neighborhood of 7.5% in France, 12.5% in Belgium [plus 21% on buildings less than two year old] and around 4% in Switzerland.  Of course, after taking possession of the property, the purchaser is also liable for the annual property taxes;
       
   2. The buyer also winds up paying the seller's real estate agent's fee which is generally in the range of 7 to 8% of the purchase price in France [although this can vary].  This fee is normally buried in the price of the property;
       
   3. The notaire, in France, will charge about 3% of the purchase price [his fees being subject to a 19.6% value added tax], while .1 to .5% is charged in Belgium.  On behalf of the government, he handles more or less the work of an escrow company in the U.S.  If you have a lawyer [solicitor] to represent your interests, you can expect to pay about 1% of the purchase price to him [but if he is a notaire, his fee will be paid from the 3% charged by the officiating notaire];
       
2. The purchase offer:
    

1. The purchaser is generally required to make a deposit of 10%, of the purchase price, at the time the offer is made;
    
2. In making the offer, the 'Compromis de vente' should include such clauses as will allow the purchaser to back out of the deal if:

                                                              i.      The structure has major defects;

                                                             ii.      The size of the property is deficient;

                                                            iii.      There are undisclosed liens against the property;

                                                            iv.      A favorable mortgage cannot be found;

                                                             v.      Necessary zoning cannot be obtained;

3. The agreement to buy a property [Compromis de vente] is a legally binding contract that:
    
   1. Normally is written in French and signed by both the buyer and seller;
       
   2. Spells out all of the details of the purchase agreement, including the price, payment terms, the associated fees, the details and condition of the subject property, the existing encumbrances, the exact amount of the deposit, the date of possession and all other conditions precedent to the contract;
       
   3. Should be professionally translated, if the purchaser is not fluent in French or if he/she is not very familiar with French Contract Law;
       
   4. Makes it imperative that the purchaser seek the advice of a French lawyer [notaire].  The affect of tenants, on the property, is just one factor that the buyer's attorney should advise him/her about [French tenants have extensive rights conferred upon them by law].  In Switzerland, non-resident foreigners, wishing to purchase real estate, must first obtain governmental approval or the purchase will be invalid;
       
   5. Requires the buyer to provide the notaire with his/her passport, marriage/divorce papers and loan documents;
       
   6. Upon its signing, the purchaser will have to deposit the 10% earnest money with the notaire handling the sale.  The notaire, handling the sale, is a quasi-governmental official for the purpose of overseeing the transaction and recording the associated papers;
       
   7. Upon signing the Compromis and paying over the deposit, there is an official 'cooling off' period of 7 days, in France.  During this 'cooling off' period, the buyer can withdraw from the transaction without penalty;
       
   8. After the 'cooling off' period, the purchaser, in France, can still withdraw from the contract, but he/she will loose the deposit.  In Belgium, the 'cooling off' period does not exist.  There, title is passed upon signing the Compromis and the purchaser is the owner of the property in question.  The only possibility for withdrawal, from the agreement, must be based upon the terms written into the Compromis;
       
   9. In France, at the end of the 'cooling off' period, the purchaser must insure that the additional 90% of the purchase price is deposited with the notaire in a timely manner - on or before title signing day;
       
   10. In France, on signing day, the seller's real estate agent will take the purchaser to the property to inspect it before signing.  The signing will take place in the notaire's office;
        
4. The transfer of title [Acte authentique]:
    

1. It generally takes 4 to 8 weeks to complete a property transaction in France;
    
2. The notaire will complete a title search as well as insure that a termite inspection and an inspection for lead paint and asbestos are carried out.  The vendor is responsible to perfect these items.  The purchaser's attorney [solicitor] should review the notaire's search.  It is the role of the notaire to act on behalf of both parties to the agreement.  He is the one who ensures that everything, concerning the transfer, is done according to the code.  He also guarantees that the property transfer is perfect and that all conditions have been met [this guarantee is underwritten by the Caisse centrale de garantie des notaires];
    
3. The purchaser should have the property boundaries surveyed and insure that the structure is inspected by competent professionals;
    
4. The buyer should obtain professional tax planning advise to minimize the taxes on the sale, as well as recurring annual taxes [hopefully, he/she has been apprised of the various taxes that must be paid to perfect the title as well as the recurring taxes], and inheritance matters considered [inheritance is complicated in France].  When tax planning, income, wealth [wealth tax is paid if your annual income is in excess of a certain amount], property, capital gains and residential taxes should be considered as they bear upon one another.  The notaire has the responsibility of collecting all taxes due on the transaction;
    
5. The purchaser, or his duly authorized representative, should inspect the property on signing day since there is a presumption, by operation of law, that the property is sold "as seen on the day of signing".  The notaire then has the responsibility to register the title with the Land Registry [this usually takes about