Brandon Donnelly
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How "viager" transactions work in France

Brandon Donnelly

Brandon Donnelly

In the 9th century, France enacted into law a way to buy and sell property through something known as une vente en viager. My understanding is that there are other European countries that also allow this, but that it's most popular in France, even if it still forms a relatively small portion of the market.

Here's how it typically works. You're an older person (or older couple) and you want to use your home to generate some cash, but you also want to stay living in your home until the very end. So you offer it up for sale en viager occupé. (This is the most popular option, but there's also le viager libre, where the seller moves out immediately.)

Whoever buys it will usually pay you, the seller, in two ways. They will pay you an upfront lump sum (called le bouquet) and a recurring payment (called la rente viagère) up until the day you die (or both of you die). Once this happens, the buyer then gets full enjoyment of the property. The transaction is complete.

So why would either party want to sell and buy in this way?

Well, if you're the seller, the obvious benefits are that (1) you get to continue living in your home and (2) you get some money now and for the rest of your life. This can be useful if you, say, run out of cash during retirement. It's a means to financial independence.

For buyers, it's the opportunity to maybe acquire a property below its current market price. Because if you don't have access to the home until some undetermined date in the future, well then a discount will obviously need to be applied. The initial lump sum payment is often around 30% of the current value. The other attractive feature is that it's a form of financing for buyers who may not have all the money they need today.

In the end, this is a bet on life expectancy. Because if the seller ends up living for a really long time, then they get the benefit of more annuity payments. However, if they end up living fewer years than expected, then the buyer benefits from having to pay less in annuity payments. They got to buy below market.

It's a fascinating pricing and time-value-of-money exercise, but it's also a potentially morbid way to buy real estate. On the one hand, you could be helping someone live a dignified retirement. On the other hand, you stand to benefit if they die sooner than expected.

Cover photo by Zach Dyson on Unsplash

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ssbaker305
Commented 3 days ago

We have something similar, but potentially less likely to inspire murder, in the U.S. It's the reverse mortage and it's pretty popular for the resons you listed. The problem is, there may be clauses in the agreement with the bank that the owner has to move out in certain conditions, including deteriorating health, and that can be manipulated by the bank's representatives in order to acquire the property at below market price. There is no free mortgage (mortgage literally means a "death pledge.")

akkimani
Commented 3 days ago

Interesting. The buyer is wagering on the seller’s life expectancy while the seller is trusting the buyer not to facilitate said seller’s untimely departure. Not morbid at all.

Brandon Donnelly
Brandon Donnelly
Commented 3 days ago

except that as a buyer, you've now created an incentive to hope for early death

benjamin_gianni
Commented 3 days ago

Somewhere between a reverse mortgage and a tontine!

How "viager" transactions work in France