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Harley

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Posts posted by Harley

  1. How sad.  Forgive me but I thought the purpose of this Forum was for people to share the benefit of their experience with others who may find it of great benefit.  Am I mistaken? Why do you log onto this site, if not to seek to offer others the benefit of your experience, and perhaps prevent them from making the same mistakes you may have made?  If I log onto a subject and feel it is of no interest to me or I am unable to offer any help then I go on to the next.  I certainly don't feel as though I have to censor the Forum for everyone else's benefit.  Let them decide for themselves.  They are all intelligent human beings with some very valuable information to impart.  If they want to read my post they will, if they don't, they won't. And by the way, the only thing I wan-a-be on here is helpful to others. Happy New Year.[:#]

    PS. Haven't read A Year In Provence. Is it any good?

  2. Hi Caroline and Paul,

    I had hoped when writing this that it would be of use to anyone considering a New Build.  The chaps who run this Forum (and very useful it is too) are going to set this up as a BLOG (some new fangled techie idea) to make it easier for me to add to the ongoing story and make it easier to follow for those who are reading it. 

    We were lucky that we found a basic plan that really suited us for the most part but we have made some changes to the design which has given us the home we want, the way we want, and for a very good price.  Only time will tell if we end up with the home that we have in mind. 

    We wish you and your family all the very best with your move and if you want any other help or information please feel free to drop us a line.

  3. Travelling out February 1st Le Havre to Portsmouth at 17.00

    Returning February 4th Portsmouth to Le Havre at 23.00

    Saw this advertised on the PWT Overseas Leaflet in the new English shop in Gavray

    Its for French property owners only.

    They are supplying free drinks and nibbles apparently and they are keen to find out what us Brits want from a Ferry service!

    www.normandylife.com

    Applications must be received no later than 24th January.

  4. If anyone is interested I thought we would chart our ups and downs as we go through the process of having a house built by one of the many companies who advertise in the property brochures. (probably monthly if anything happens on the work front)

    We didn't want to move away from the town we are currently living near because the children have settled so well at school and we love the area and the people. But could we find a house within our budget that wouldn't then need an enormous amount spending on it?  Not a chance I'm afraid!  Bought some land instead.

    We looked at three building companies and settled on the last one we visited.  Not sure if I can mention them by name on here but if anyone would like to know they can always PM me.  They were as friendly as the previous two but overall they seemed more professional and better organised (we shall see).  We had a look at the standard house plans until we found one that covered all that we required and they gave us the standard price for this property.  Before they would give us any additional costs they wanted to have  someone look at the land  and ascertain where the services were in relation to the property and how much would need to be dug out for the foundations. A week later they came back to us having drawn up the initial plans and gave us a price.  We then made some changes to the original plan (no fuss here, very helpful) and were given a revised price.  Once we had agreed the plans - they dealt with all the planning application paperwork (thank goodness) only problem here was a document missing from the application which was quickly sent off and consent came through two weeks later.

    Having received our planning permission we had another meeting to discuss the internal details.  We changed the plans again (no fuss).  Also added another Velux window ( they will deal with additional planning consent).  Meanwhile, work due to start (groundworks) within the next fifteen days.

    We will keep you posted, warts and all........................................... [:)]

    NB  Our French is improving and we can understand a great deal of what is going on but, even so, we have employed the services of a translator (very reasonable) and well worth it for the peace of mind.  

  5. There were no clauses suspensives.  The buyer was named as the sole buyer.  He signed away his right to a mortgage and we were supposed to complete not later than the 30th October.  When we found out he had added another family member, was seeking a mortgage and that we would in no way be completing by the 30th October we approached our Agent  We told them them, in writing, that because we felt we had been badly mis-informed that we now considered our buyer to be in breach of contract and requested that they end the sale based on this information. We requested the deposit as compensation because not being informed of the delay right up until 3days before completion had cost us financially.  We had the approval of our Notaire to serve them with this letter and when we did, they said we had no right to do this and that, in any case, they would only have to seek permission from our buyer to release the deposit which, if they refused, we would then have to take them to court for.  As a result we felt forced into completing the sale and waiting for that completion.  Can our agent do this?

     

  6. Can anyone tell me if it is required by French law that the buyer be asked if it is ok to release their deposit to the seller when the buyer is found to be in breach of contract?

    We have been told by our Agent that this is the case when we asked them to tell our buyer that they were in breach.  Anyone else out there lost their deposit and been offered the opportunity to refuse handing it over?

  7. Clarkkent hello,  thank you for your response.  This is another one of those posts in  which the tone can be misread.  I was asking questions, trying to find out if there was anyone out there with an opinion about the questions asked and what that opinion was.  I have not stated that anything I said was a French view point.  I am interested, that's all. The positioning of a question mark at the end of these sentences would tell you as much. Despite what you say I am not a racist.  I think you should be able to live and work in any part of the world without being penalised because of the colour of your skin or your religion.  There is good and bad in all walks of life, rich/poor, black/white.

    I would like genuinely like to know how the French people feel about this awful situation which is not helped by Media training their cameras on people of ethnic backgrounds.  I am very sorry if asking these questions has offended you but they were a genuine enquiry.

    It was a Suffolk town, if I remember correctly, that have cancelled their Christmas lights and I was told by someone living in the UK today that a London Church have cancelled plans for their Carol services for much the same reason.  I just wondered what reaction people in the UK would have to this news - how they would react - because it was worded in such a way that it was bound to get peoples backs up against people of other faiths.  I just felt it was a particulary stupid thing to say in the current climate.

  8. How many riots will there be in the UK do you think, about cancelling town Christmas lights and Carol services because it might offend someone of a different religion?  I hate racism and don't condone it in any way but is it the man in the street who causes it, or is the short sighted behaviour of our politicians.  Perhaps the French are only looking to the UK to see the result of letting your Politicians go too far with "political correctness".  I have come to live in France and in doing so will endeavour to respect their laws, their people and the fact that they are a predominantly Catholic country.  I will not try to impose my beliefs and religion on them.  Are French people worried that if you give an inch, a mile will be taken?  When there are still people living in property with dirt floors, it's no wonder they want what little there is, to be spent on there own people first, is it?  Have we had a French point of view yet?
  9. Our agents told us that a substitution could take place on the original CDV and that a second was not necessary and therefore if the substituted buyer withdrew, then it would automatically fall back on the original buyer.  If he then withdrew, he would lose his deposit.  In losing his deposit, the agents would first have to ask permission of our buyer to release the deposit to us and if he refused there would not be a thing we could do about it other than take him to court for the money.

    Because it was not just the change of name that was affected, we thought that, legally, there should be a new CDV.  As this has not happened we are getting very suspicious particularly as no-one was going to tell us about any of this.  We seriously think that our buyer is looking for a way out without losing their deposit, and if we sign a second CDV than we are surely playing right into their hands.  This must mean that our first buyer is released and then the second gets seven days to withdraw.     

    Our property certainly falls into the category of a holiday home budget and we have had lots of enquiries and people wanting to fix an appointment to view.

  10. Apparently, it is French law that at any time during the sale, the buyer can substitute another buyer.

    According to our Notaire, this is the case, as long as no other conditions are affected.  Well they have been!!!!

    According to our Agent, the Notaire does not know the law and this is not the case at all!

    We have now requested a meeting between the Notaire our agent and ourselves.  We will get to the bottom of this one way or another and when I do, the satisfaction of knowing who has been telling "porkies" is going to be priceless!

  11. As we were not informed of these changes there is no new Compromis De Vente.  We were advised to write a letter stating our financial losses due to delay (caused by the changes which were made without our consent) and to delare that we will accept these changes as long as they pay compensation for our losses and are able complete by the end of November.  However, if we do this then it looks (from your comments) as though the original buyer is off the hook and the daughter then has to sign a new Compromis De Vente which then gives her a 7 day retraction period, so she can also back out and not lose any money.  This leaves us over three months down the line from accepting the original offer with no buyer and no deposit to claim as compensation.  We will have also past the best time frame in which to sell our property.  Have I misunderstood or is this the way it would/could work?

    Should we just tell them to adhere to the original contract or pay up?  I can't help but get the feeling that someone is trying to pull a fast one and if we are not very careful we are going to find ourselves out of pocket and having to start all over again. 

  12. We have visited the Agency today to be told that our negociator (who has gone on holiday) should have informed us in writing, of the changes to the contract.  He didn't!!)  Apparently they are allowed to make these changes as long as it does not affect the completion date (the date agreed on the CdV was no later than the 30th October).  We did not receive any notification of these changes and because of the mortgage application we will now be unable to complete until the end of November.  This now has financial implications for us as we have an agreement to rent another property but will also have to find mortgage payments.  We have an appointment to speak to our Notaire tommorow.  If our Agent had told us at the outset, of the problems raised by our buyer, then all this could have been avoided.  We now have to get to the bottom of why we were not informed and try to seek compensation.  You see so often the expression "let the buyer beware" but let me tell you, the seller also needs to beware.

    Thanks guys!

  13. We have found a buyer for our house, accepted an offer, signed the Compromis De Vente agreeing the name of the purchaser and that it will be a cash sale completed by an agreed date ( approximateley 3 months after signing).  The Agents have since changed the name of the buyer to another family member (outside the 7 day retraction period) and the new buyer has now sought a mortgage.  All this, without telling or asking us about it!!!!  We are hearing different stories all the time but these changes are now threatening the agreed date to sign the Acte De Vente with no fixed completion date even mentioned.  How far are they allowed to go and do we not have a leg to stand on with regard to holding them to the signed Compromis De Vente?  Help please before I swing for someone!!!!!
  14. We have just sold our house and are having a New Build.  We thought it would take longer than it did to sell our house so we put it straight on the market.  We didn't want to find ourselves with two houses, one of which couldn't be paid for because we hadn't sold the first.  The new house will not be available for a year so we are renting.  Property does not move that quickly in France and because of this they may feel concerned about losing a prospective buyer.  How long has their property been on the market?  If it does not bother you that they will remain in the house until May why don't you suggest that they stay but that they pay rent and have a rental agreement that states the date by which they must vacate the property?  Unless this place is a real steal or something, you feel, you may never find again, then I would either negociate or RUN!  Once you have signed official paperwork it's going to be very hard to change your mind without it costing you money and heartache.

    If you need someone who can speak to your Notaire about your options, let me know.  I can recommend someone who may be able to help. Send me a PM.

    Good Luck!

  15. From those of us who have been there, done that and survived or not survived and have got the T-shirt, a little advice to help things run as smoothly as possible for you.  Hope it helps.

    Ask yourself why you want to move to France.

    When you know, research the areas that are going to effect you in the shorterm and the longterm ie Pension, healthcare, schooling, work, finances, home ownership etc.

    Research the region you would like to move to and visit it if you don't already know it.

    Employ the services of an independant translator if your French is non existant or not too good. Preferably one who knows a little of the law regarding property purchase etc.  For peace of mind alone I think it's worth it. Based on my experience, I wouldn't just rely on an English speaking Estate Agent (but that is just my personal opinion).

    Check out the internet for Private Property sales - could save you a fortune on Agency Fees.

    Start learning about French culture and start learning to speak French NOW if you don't already.  Even basic skills will be appreciated.

    If anyone agrees or disagrees with any of this please post. Or, if you have any other advice to add.  Thanks

     

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