Don't blame the Notaire!

[P-D de Rouffignac]

I am in the middle of a transaction involving English buyers who signed a compromis nearly three weeks ago, paid a deposit to the notaire, and we are still waiting for the countersigned document to be returned by the vendor. She assures us it was sent from Germany a week ago, but despite pressure from the agent, the notaire and myself, nothing has arrived as of today. Even if it arrives this week, it must be then sent by registered post to the buyers (here in France) so they can enjoy their right of seven days 'cooling off', during which time the transaction is virtually on hold until this period has passed. So it will be four weeks since they signed the compromis before the notaire can officially start work on preparing the 'acte finale'.

Fortunately I got the buyers in to see the notaire early on to start work on their change of marriage regime but even here one copy birth certificate arrived from the UK after a week, another has 'got lost in the post' and another is on its way. Meanwhile the buyers are collecting estimates for building work but cannot give a firm start date to anyone, which is very frustrating all round, as they languish in their tiny rented holiday villa desperate to move in as quickly as possible.

I mention as this as buyers/sellers are often quick to blame the notaire for delays in completing the transaction process, but these are so often due to events outside their control. We are hoping that Madame the Vendor can be persuaded to sign a power of attorney so we will hopefully avoid any further delays at the time of signing the 'acte finale'. Fingers crossed!

P-D de Rouffignac

www.francemediterraneanproperty.com

[Will]

Peter - I quite agree. Being married to a French estate agent I hear plenty of stories of delayed transactions.

Having recently myself had two experiences of signed-for letters, both containing important legal documents, going missing, and Royal Mail giving no more than a book of 12 stamps in recompense for all the inconvenience that caused, we now ask for special delivery (airsure for overseas destinations) instead, which offers a traceable service.

It's all to easy to blame the notaire - and even easier, and more common, to blame the estate agent of course.