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vendor won't sign compromis de vende


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hi, two months ago we put an offer for the full asking price, on an old barn and cow-shed and about 5 acres.

at the time the vendor had been approached by another buyer to purchase 'our' barn and land plus around another 20 hectares. it appeared the other buyer was having some difficulty in getting finance, whereas we were offering an immediate cash sale. last week the vendor got tired of waiting for the other buyer and told us he would sell to us, at which point the other buyer 'upped' his offer so now the vendor is re-considering the other offer.

the agency we are dealing with are at a loss as the vendor doesn't seem to be communicating with them. we really don't want to lose this property but how long should we wait before 'knocking it on the head'.? if anyone else has experienced a similar occurrance we  would be interested to hear of the final outcome, good or bad!

as a post-script, the cow-shed is currently sub-let to a tennant farmer who is seeking financial recompense for the vendor breaking his contract.

cheers for any comments/advice,

 sharpy.

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If the agent has a signed mandat from the seller, then in law the seller is bound to proceed should an offer of the asking price be received. The agent should know that and should be seeking recompense too for a lost sale, as well as the recompense that you should be entitled to.

But if there really is no commuinication there doesn't seem to be much you can do about it. There are sometimes good reasons why agreed sales cannot proceed or take a long time, often to do with things like inheritance and/or tenancy issues.

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Is it possible that there is some involvement of SAFUR(Sp?) in this?  If land has become available for sale it normally gets offered to surrounding land owners  first and that may be what is happening here.

It seems odd that a tenancy agreement is being terminated just like that and I would check this out further.   One thing you should consider is what you are going to do with 5 acres, it might be worth asking the tenant farmer what the arrangements are for grazing and hay, or you might end up having 5 acres of grass to cut, and that is not an easy task at the rate it is growing this year.

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  • 2 weeks later...
Hi. The earlier comment that if you offer the full asking price, the vendor is obliged to sell to you is correct. In theory, once a full asking price offer is received, the vendor has to proceed or risk having to pay the full estate agency fee agreed under the 'mandat'. The issue you have here seems to be twofold. Firstly the vendor appears to be ignoring the fact that you offered the full asking price, and secondly the estate agent is not advising you appropriately. The agency can not be 'at a loss'. They have the 'mandat' (contract to sell the property on the vendors behalf) and they absolutely know what terms have been agreed in the mondat. So.... your first task must be to find out exactly what 'modat' terms between vendor and estate agent have been agreed (ie to sell 2,5 hectares or 20 for starters). Once you know this, you will know if the estate agent is acting in your best interests or not. If for example you have offered the full asking price, but the mondat actually sets out a different price or acreage etc, then, in effect you wouldn't have offered the full asking price under the terms of the mondat. However, if the mondat clearly sets out that you have made a full asking price under the terms of the mondat, then the estate agent can (sometimes they just don't want to because of local reputation,hassle etc considerations) issue a form of writ that reminds the vendor of the terms of the mondat having been reached, and advising the vendor that if the sale does not go through, the estate agent will persue the vendor for full agency fees. However, this is where it gets difficult. The process is very lengthy. The agency have to prove that they are not bullying a local habitant, and the court case can be expensive. Sometimes agencies just don't want to persue the case, and prefer to look for other solutions. Unfortunately I do not think you have any compensation rights and potentially just have to 'move on'. Afterall, if the agent happens to be handling the other offer, your hand is weakened because in either scenario they get their fees. This is why you first initiative must be to sort out your relationshp with the estate agent to see if they are actually acting in your interest. It sounds to me like the estate agent is not 'at a loss' just hiding behind smoke and mirrors. Just as a caveat, I can not absolutely guarantee that I have the full facts correct from top to bottom, but we have just finally signed a compromis de vente from an vendor that held out for more money (i can explain more if at any stage you are interested) The estate agent was on our side, but there is a perception amongst some locals in France that every english person buying in France has more money than sense and that they can change the rules....
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