Donny

Hello Aly I saw the property on the company's website at an all inclusive price.  I contacted them on my visit they accompanied me to a French Estate Agency.  I was unaware that they were charging a fee over and above the normal tariff.  I bought my property on the basis that it was a legal contract.  Had their fees been included on the Acte de Vente then I would not have envisaged a problem. The consequence of my going ahead with the acte de vente (the French Agents were complicite in this) could have been disasterous for me.  In signing the Acte de Vente I signed a clause which stated that no other money has been paid to anyone else other than that on the Contract.  Both I and the Agent were aware that I had paid  a commission seperately the English Company and that is was not mentioned on the contract. I questioned the French Agent and representative about this at the Notaire's office but they said that this was normal practice and not necessarily required to be on the document. The contract was 'translated' by the UK Agent representative at the Notaire's office but I cannot recall her mentioning the particular clause which is commonly known as the 'sous la table clause'. I intially started investigating this because the UK Company did not send me a receipt.  I saw a French Avocat because they had the agent who works in France and thought I could have it resolved.  It was only when I learned of what I had got into that I started taking action.  A consequence of mis-leasding the Notaire/French Authorities can be sequestration of your property. In those circumstances I was not prepared to have my home taken and decided to take the issue to Law to have myself exonerated from the Fraud. Finally, I found out that the French-based representative is not working legally in France. Another one of us ripping off the French system.  I make no apologies for bringing these people to book. Don

Hello Will My argument was that because the property was advertised as a house for sale (all inclusive price) and that the 'agency involved did not specify what service they provide for their fee, I was entitled to assume that this was a legitimate Agency fee in France. The company involved was a UK Ltd company although operating in France.  I saw that their commission was not on the Acte de Vente and asked the French Estate Agent and he said this was ok.  I later find out that it is illegal. The District Judge found that I can have my money back for two reasons.    1.   The contract with the UK agency is illegal in English Law because it is a 'prima facie' fraud against French Law, the country in which the goods/property are permenantly located.    2.  He also found that the UK Agency were found to be operating illegally in France as they were unknown to the French Authorities (Tax etc) although their business was primarily concerned with the sale of French Property. I don't know of the company you refer to.  If they do charge an illegal commission then take them on.  Why you can't name them? Regards Don

I have just recently recovered money, (via a County Court verdict) from a UK company who were paid money (stupidly by me) in the Uk for their introdcution/hand holding.  This fee was not mentioned on the Acte de Vente and was held to be an illegal commission/contract by the District Judge. This only applies to french properties purchased since 1st January 2004. I know that a lot of people have also been caught out by this in the past and I would be happy to pass on details of the French Jurist who took the case for me.  PM me and I will reply with the details. Don