Jump to content


  • Posts

  • Joined

  • Last visited


boxergirl's Achievements


Newbie (1/14)



  1. boxergirl


    I've pm'd you with more information. Post edited by a moderator, please do not advertise your goods or services on the forum
  2. Yes, I jumped to the wrong conclusion ... thankfully !   Fab photo !  
  3. Ahhhhh ... got it now ... I assumed (wrongly) it was deleted as it was 'shocking' !  Bless it ... I've got two boxers, which although not classified as dangerous breed - some people think they are - would put up with this sort of  stuff !! Fab picture ... so pleased I was wrong !!!   Brought a big smile to my face !!
  4. Still more 'thoughts' re pet sitting required ... I'm in dept 31, bordering on 65. Many thanks !
  5. Any dog - if it wants to - can be dangerous, and cause harm to people, especially children. I know, from having worked at a post office in the UK, that labradors cause more concern to postmen than any other breed ! Has to be said, usually the fault of the owner - although not always.
  6. Sorry Boiling a frog .. but I have to disagree.   Their intial reason for pulling out was due to the cooker not being included.  The fact that it had never been discussed, and they lied and said that on three separate occasions I had agreed that it was included, made me out to be the liar.  They were told by the Notaire that as it was a freestanding cooker (ie not built in) and had not been mentioned at the compromis, it was not included, so they would lose their deposit if they withdrew.  They said they were withdrawing due to the economic climate and were informed that they would still lose their deposit. As requested by the Notaire, they sent a recorded letter to the Notaire mid January to say they were withdrawing, but mentioned they wanted the 10% deposit returned since I hadn't completed the works agreed (separating the elec and water between the two houses I have for sale).  The Notaire told them I had until the 28 Feb to do the works. On ther 26th Feb, the Notaire received an email from them to say they were over from the US and had driven past the property and the work 'appeared to be a long way off being completed' so wanted the deposit returned.   I had in fact asked the waterboard not to cement over the pavement for a week so that the pipe was visible for inspection.  They also said I'd lied by saying the property was connected to the village drainage system (and it is) but that in an email to them back in October when I talked about separating the water between the two houses, I had said that the water 'went down the road'.  Obviously I meant in a pipe under the road  and not raw sewage floating down the road !! - and why they didn't think to question this at the time is another thing.  Despite the Notaire telling them the village is on mains drainage, they demanded a letter from the Maire.  They also said they'd never seen the invoices for the elecs and water work (although they knew the Notaire had copies) or the paperwork proving I'd officially had the two properties separated by the Geometre (again, although they knew the Notaire had copies). So the day before the signing, I went to the Notaire with a letter from the Maire to verify the waters went into the village drainage system.  The 'buyers' were offered to come to the property to inspect the works on the 27th, and the invoices for the work, and the Geometre paperwork.   They neither came round to my house, turned up for the meeting on the 28th and, even more rudely, bothered to reply to the Notaire. We did not hear from them again until a few days after the date of the signing, when they again said they wanted the deposit returned and that they felt that the Notaire had been biased towards me, and that the compromis was badly written.  So no, sorry - in these circumstances I cannot put myself in their shoes.  I consider myself to be an honourable person (and hold my hands up to my faults) but I feel they acted dishonourably, made me out to be a liar with their lies and then tried everything to wear me down by throwing as much 'rubbish' at me as possible.   They did not for one minute think they had a justifiable reason ... they were just trying desperately to get their deposit back.   
  7. Hi Boiling a frog .... there seems to be some misunderstanding - or at least a lot of misunderstanding !  I'll go through your points ... I started this post on 19 April but this was not the day after the purchasers were due to sign.   We were due to sign the 28th Feb - after having signed the compromis the end of September.  I agreed to a 5 month delay as they wanted to transfer the money over in two separate years (for tax reasons).  No, I didn't want the 10% before the final date.  I was however surprised that even though they had sent a recorded delivery letter to say they were pulling out and were not going to purchase the property any more, I still had to go ahead and do the work on the electricity.  I explained to the Notaire that I would have to then pay for it to be put back on since I had family coming over (who originally intended to be staying in the house I was going to purchase - the same day as I was signing the sale of this one) but this made no difference.  They could have used this to say I was in breach of contract - again, even though they had originally put in writing they were pulling out.   Therefore, I carried on with the work as if they were still going to purchase it.  I also had to have the elec survey done for the house as this came into force in 2009, plus the termites one redone as it would have been almost 6 months from the date I originally had it done - for the compromis. They were not - officially - in breach of contract until after the 28 Feb.  That we agree on. I received an out of court settlement from them approx 2 weeks ago.  Hope this now makes sense ? 
  8. Hi ... you've got it right up to the fact that I started this topic on this forum AFTER the day of the final signing.  When the buyer neither turned up or replied to the email the day before the said date and we have now agreed an out of court settlement.
  9. Yes, you're right baypond ... not sure what proportion the Notaire makes from it but you rarely see a poor Notaire  ... Thanks for the congrats though, I'm just happy I don't wake up each morning thinking of the 'buyers' anymore !    And some justice was done in the end. Right, off to dog-sit ... my new venture since it looks like I may be here for a while yet .... if you know of anyone looking for a house/pet sitter, please send them my way ! Thanks again.
  10. Totally right baypond ... from someone else who has found out that French law doesn't hold up after all ! I agree what you say about the Notaire as they act for both buyer and seller - but even if we had used separate Notaires (which you can do), it would not have helped, I guess, as there was no option but to either go to court or agree to an out of court settlement.  When I found out that even if it went to court and the judge found in their favour ... it still didn't mean that I'd automatically be awarded the 10%, just a penalty amount.  Crazy !  Of course the Notaire wasn't happy as he just earned 300 euros from the buyers rather than 8% of the price of the property so he was doing his best to get them to change their minds and buy it !  I still believe I was lucky for them to have (finally) offered 9% to settle out of court.  Especially being Americans - they do love a good litigation !!
  11. I've just looked and my compromis has exactly the same clause in.   You don't have to tell me that it's illogical - I couldn't believe what I was hearing from the Notaire.  Which is why I asked another Notaire, and two Avocats here in France (one English, one French).  They did not wish to see the compromis - I guess because they know the law 'overrides' this in practice. So, if you're selling and you have a couple over from the US looking at your property, take care !!!
  12. Krek ... I'll dig out my copy of the Compromis, but basically I spoke with an English solicitor in Toulouse, a French Notaire in Toulouse and a French avocat in St Gaudens (31), all of whom didn't even want to see the Compromis but agreed that the buyers have the right to not agree that the deposit goes to me.  They cannot get it themselves, it is still held in Escrow until the whole thing is sorted out.  I even asked if nothing was done to solve the problem, would the money, after a certain amount of time, be either refunded to the buyer or given to the seller, and apparently not. The whole experience has shaken my faith in the justice system.  The fact that the buyer pulled out a month before, and sent a recorded delivery to confirm this - meant nothing as they had the right to change their minds as many times as they liked before the actual date that the signing was scheduled for.  So I had to carry on with the agreed works - so that they couldn't use that as a reason to pull out.  I also had to get the electrics survey done (as the Acte was delayed until this year and it becomes law now), and  the termites one re-done as it would have run out (6 months).  Plus, the Notaire said that it may be a good idea to hire a van, put all my stuff in there ... just in case the Americans turned up on the day and signed for the purchase - as I would have to hand the keys over there and then !  Needless to say I didn't do that ... I've since found out that the 10% payable is optional - it is the recommended amount.  I was trying to buy a house at the same time as selling mine (luckily put a clause suspensive in) and they only asked me to pay 5% deposit.  The price of the house wasn't vastly different from the one I was selling so not really sure why I was never even asked for 10%.  Didn't question it at the time, just grateful as I had to borrow the money for it !
  13. Chris / Helen ... got your email but I think it's been censored as I can't reply direct.  My email is on this site if you want to contact me direct  ...just so you don't get caught up with the same people.  Certainly an experience such as this shakes your faith in your judgement of people. 
  14. Confused Jane ... You and me both !! I thought it was completely unfair which is why I double checked with another notaire plus got the advice of two avocats (one French, one English) and they all agreed that even though the document was signed to say the deposit was to be paid to me, the buyer could contest this by saying that he was not happy with it. The buyers pulled out but the Notaire said the deposit would not be paid to me until after the date set for the final signing.  Therefore, as they were entitled to change their minds as many times as possible before the final signing (even though they'd sent a recorded delivery letter to the Notaire to say that they would no longer be buying the property), the Notaire advised that I completed the works initially agreed.  This way, they could not use that as grounds for pulling out.  They mentioned in their letter that I had not had the work done yet so wanted their deposit refunded, but as the Notaire pointed out to them, it did not matter at that point as the deadline was another month ahead. However, as someone else pointed out, the 10% deposit is not a compulsory amount.  For instance I was buying a property at the same time (luckily inserted a clause to say this would only go through if my sale did) and the Notaire only asked for 5% deposit.  The whole thing seemed biased towards the seller and wasn't a pleasant experience all round.  The whole thing started because I put an ad out asking for someone to help me move my big Godin cooker to my new house.  They suddenly emailed me and asked me to 'reconfirm' that the cooker was not included.  I replied that as it is freestanding, it is not - and they then lied and said that I had agreed to include it.  Apparently three times I said it was included.  Strange that I wouldn't have remembered that, and even stranger as it wasn't even mine to sell (belongs to my ex). So, if any Americans are looking at your house for sale  (mine was near Boulogne sur Gesse - 31), be careful !!
  15. Sorry, got the Acte and the Compromis the wrong way round ! The contract we signed states that the deposit should be paid to the seller ... but French law states (and I've had this verified by two notaires and two avocats) that the buyer has to agree to this. I did feel sorry for the Notaire (not something you'll often hear said) as he only got 300 euros for all his work (paid by the buyer). And as Gastines says, you can actually put anything you like in as a clause at the compromis signing - as long as the buyer signs it, it's legal.  However, I didn't think it necessary to add something about the 10% going to me, as it's already written in - it's just the the law doesn't seem to withhold this. Another thing worth mentioning (again, checked this with both avocats and another notaire to the one I was using) ... is that even though the buyer pulled out a month before the signing, I still had to fulfil all the clauses in the contract, or he could use that as a way of getting his deposit back.  For example, I had agreed to separate the electrics from the neighbouring house (which I also own) and even though it meant that I'd have to pay for them to be reconnected again for family coming over this month, I still had to do it.  Plus - probably the most unsettling fact - was that the buyer could change his mind as many times as he liked up to the signing of the Acte.  Therefore, in theory he could turn up for the appointment and sign and I would have to be out of the house immediately.  The idea of hiring a van, packing up all my stuff and having it ready to go on the driveway - even though the Americans had pulled out and had no intention of buying it - seemed ludicrous.  I decided to chance it and do the 'they'll have to remove me by force' bit ... which they may have done ! ... luckily they didn't change their minds !  
  • Create New...