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HASSLE WITH FRENCH BUYERS ANY "GOOD" ADVICE PLEASE?


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HI, ANY WELL INFORMED INFORMATION AS TO OUR LEGAL POSITION REGARDING HOUSE SALE WOULD BE WELCOME.

 WE SIGNED A COMPROMIS DE VENTE ALMOST 3 MONTHS AGO AND THE SALE DATE STATED NO LATER THAN THE 12TH DECEMBER 2005. THE BUYERS INSISTED WE COMPLETE ON THE 12TH NOVEMBER AND COMPLETELY CLEAR EVERY OUTBUILDING ON OUR LAND. WE COMPLIED.

WE VISITED FRANCE LAST WEEK, THE NOTAIRE DID NOT EVEN HAVE THEIR MORTGAGE DETAILS AND AS FOR THE IMMOBILIER THEY DONT SEEM TO HAVE A CLUE WHATS GOING ON, THEY NEVER CONTACT US.

THE BUYERS HAD A CLAUSE SUSPENSIVE BUT EARLY IN THE PROCEEDINGS THEY PRODUCED A DOCUMENT SHOWING THAT THE BANK WOULD LEND THEM THE MONEY TO BUY THE PROPERTY.

MY QUESTIONS ARE:- 1. IF THE BUYERS DONT COMPLETE BY THE 12.12.05 ARE WE STILL LEGALLY OBLIGED TO SELL?

2.THEY HAVE PAID NO DEPOSIT (ALTHOUGH WE HAD TO WHEN WE PURCHASED) IS THIS NORMAL OR STRANGE? (IT SEEMS ONE RULE FOR THE FRENCH AND ANOTHER FOR THE BRITISH).

3.IF THEY DO NOT COMPLETE BY 12.12.05 ARE WE ENTITLED TO THE 10% OF THE PURCHASE PRICE?

4.VISITS TO THE NOTAIRE & IMMOBILIER REGARDING OUR QUESTIONS ARE DEALT WITH SHRUGS AND EMPTY WORDS OF ASSURANCES, AS IF WE ARE SOME KIND OF PUSHY IDIOTS - IS THIS NORMAL AS THIS IS THE FIRST PROPERTY WE ARE SELLING IN FRANCE?

5.AND LASTLY, WE WERE TOLD BY THE NOTAIRE ON OUR RECENT VISIT THAT THE BUYERS MAY WANT TO COMPLETE IN JANUARY! IS THIS LEGAL?

WE APPEAR TO BE AT THE WHIM OF THE "BUYERS" AND THE FRENCH LEGAL SYSTEM SEEMS TO TOUT IT'S LAW WHENEVER CONVENIENT. CONSTRUCTIVE AND WELL INFORMED ADVICE WOULD BE GREATLY APPRECIATED.   

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I can only tell you of my own experience but hope it helps.

Q1 Probably not, provided that you can establish that it is clearly the buyers fault that the agreed completion date is not kept to. In my own case the completion date overran because of administrative delays by the Maire and as a result my solicitor suggested that a new 'compromise' be signed to ensure the sale proceeded. If you wish to try this out you can write to the notaire saying you wish to cancel the sale and your reasons for doing so. You must ask yourself if you really want to cancel, for if you do you have to find another buyer and as you have initiated the cancellation you are unlikely to get any recompense.

Q2 This is not unusual, I did not have to pay a deposit. It seems to depend on who you are dealing with.

Q3 Only if they have pulled out of the sale. I was told when I signed the compromise that the completion date was a guide only and not set in stone.

Q4 Dont know, has not been my experience.

Q5 As you may conclude from the above, yes, it is legal and as notaire fees are going up on 1st January 2006 it is not without profit for some!

Good Luck

Cheminot.

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Sorry I can't help with all of yourr questions and it does appear you are being given a bit of a hard time.  I too did not pay a deposit until the day we signed.  In fact our bank (credit agricole) paid the full amount of the mortgage into our account several days before we signed and our deposit was     in our account too, so the whole amount was paid in one go.

It was nice seeing X amount of thousands of euros in ones account, if only for a brief time.

 

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Hi there,

Send me a PM with your notaires and Immobilier's details and i'll be happy to give them both a ring. I'm involved in relocation services and i'm french native speakers so it will be easiest for me to know what's going on with your sellers. It seems to me that the document  showing that the bank would lend them the money to buy was just a pre-agreement and that they haven't the final agreement for their loan which often happens and postponed the Acte de Vente signature. But what it is not normal is that neither your immo nor the Notaire seem to care about not having a clue of your buyers... they are paid for taking care of that and explaining the situation to you!!!

Waiting for you pm
Sabine

www.en-toutes-saisons.com

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