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URGENT, URGENT Advise needed please


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Yesterday four of us, sellers [us] and buyers[them] signed the Compromis de Vente, in front of the Notaire for obviously a fixed sum.
Today we hear they have been down to the Agency Immobilier and asked for a reduction in price.
Question : having signed for a fixed price, is this in fact legal? Can they do this? We are inclined to refuse [my OH says they are "just trying it on", with which I agree. Agency calling us back at 18.00 for an answer.
If anyone knows our legal status, please please advise. We want to pull out, but cannot under the law as sellers. MERCI BEAUCOUP!

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According to https://www.proprioo.fr/duree-d-un-compromis there is a ten day cooling off period during which the buyer can withdraw - no mention of the seller.

L'interruption de la validité du compromis de vente

Outre les délais prévus à la signature du contrat, certains évènements peuvent mettre un terme au compromis de vente avant son terme.

C'est le cas de la rétractation : après avoir signé un compromis de vente, l'acquéreur dispose d'un délai légal et incompressible de 10 jours, pendant lesquels il peut revenir sur ses engagements. Notifiée par courrier recommandé, la rétractation annule le compromis de vente sans réparations pour le vendeur.

Il en va de même si une des clauses suspensives ne se réalise pas. Dans ce cas, le compromis de vente est annulé et l'éventuel dépôt de garanti est restitué à l'acquéreur sans pénalité ni frais d'aucune sorte.
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I thought the buyer has 7 days to consider before confirming? Are you sure it was the Compromis and not the Acte?

Otherwise , if you really want to sell, make a counter offer, between the 2 prices.
Crossed posts with pomme - 10 days not 7.

There's also the matter of the deposit - has it been paid?

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As the buyers have a 10 day cooling off period they can withdraw from the purchase any time within that period. You, on the other hand, have to go ahead provided that it's for the price shown on the compromis. In my mind, if they now offer less, you cannot be obliged to accept that. However if they see that you might pull out with the lower price and really want the house and pay the agreed price you would have to go ahead with the sale. Layman's view I'm afraid.

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[quote user="woolybanana"]Well, well, what a nasty bit of blackmail from the buyers. Never heard of it before.[/quote]

Isn't it common practice in the UK?

The buyer tried it with us when we sold up in England. The agent 'phoned me while we were sailing down to Spain, asking for a substantial reduction.

Caught me at a bad time, and I replied to just cancel the sale if not at the agreed price.

Sale went ahead with no further argument, but I wished I had put the price up when I had the chance[;-)]

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Update : feel rather sorry for the poor agent caught in the middle. Buyers had the barefaced effrontery to demand 20,000 reduction. Furious of Evian hereabouts! Told the agent no way. He then went back to the buyers who said 15,000 instead. Told them they either pay the signed-for price or they can sling their hook [sorry everyone, but we are simply furious here]. Remains to be seen, but we think they will cave in eventually and if they don't, we never want to see them again anyway. They opened all our cupboards, critised one crack in a tile, and, and, and,  even opened the freezer and told us we had a lot to eat before we moved out!!!!

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Further update [for those kindly folks who can be bothered with this ghastly saga]
Putting the house back on the market tomorrow at agent's suggestion. Meanwhile, spoke to the notaire who confirms : we cannot back out [more's the pity]. Sellers can demand reduction but it is up to us to say no [don't worry, we have in no uncertain terms]. Spoke again to head honcho at agency, who is coming round on Saturday to discuss our options and what to do next.
Have decided in the interim that IF they don't back out and go ahead, we never want to see them again, so will have someone act as Power of Attorney to sign the Acte de Vente in ca. 90 days.
Any comments anyone? Loved the s h i t comment - just about sums them up!

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It's not straightforward to use as an excuse the inability to get a mortgage.  They have to show the notaire the letter from the bank refusing the money.

Sheila, hope all turns out well for you in the end.

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Thanks everyone for your help and moral support.
If these horrible people do need a mortgage, and use this as an excuse to get out of the sale, you will hear us cheering the length and breadth of France, from the rooftops of Evian! They can do something which ends in a very offensive .......off!

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Wasn't it part of the compromis de vente that they needed a mortgage

and so they could pull out if they could prove that they could not get one???

Have they paid a deposit??? If they have and rollocks things up, then you would be able to keep it.

We made offers on the house we are now living in three times and frankly if I had known a couple of things about it, it would have been four times, always reducing incidentally.

And then we bought it, I don't think we had signed anything though, a verbal agreement. And as I said, IF some of the problems we later ended up with, had shown at the time, I would not have hesitated to try to get more money off the price. 

When we sold in France they too kept coming back with lower offers, but there you go, that is how it is, think that the last offer we worked out half way between their offer and what we wanted.

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Just in case anyone is wondering, this is not your usual run-of-the mill type property. Oh no. It is a magnificent villa overlooking Lake Geneva in an impasse with only four other houses, with 163m2 habitable and 256m2 overall with garage, basement, laundry, wine cellar etc. Not exactly a common or garden Lotissement.
They obtained our beautiful home at rock-bottom price so we have a right to be furious if they try to knock us down further. The head honcho of the estate agency will visit us at 08.30 tomorrow.

https://www.decordier-immobilier.com/en/buy-house-flat-evian-thonon/ref-dc2-891/sale-house-6-rooms-4-bedrooms-neuvecelle-74500/

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My views on this are similar to Idun's. As you've described it, it doesn't match with our experiences at all. Especially all 4 of you for the compromis. Sounds strange. Is your immo french?

We sold 2 houses in France. The first stage was agreement on price, after some bartering. This was all done via the immo, not face to face. Who then sent us a document with the agreed price, but this has little legal value.
The next step, signing the compromis, was between the buyer and the immo  plus notaire - we weren't there. The buyer then has 10 days to reconsider , and if still in agreement, pays the agreed deposit. That's when you can be fairly confident about the sale

Then a final date is agreed on via the immo, and we're all there plus the notaire for signing the Acte.
I can't remember at what stage the clauses suspensives are written in.

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As you will have seen from the link posted, our immobilier is indeed very French.
Present at the signing : Notaire, two sellers [us] two buyers [nasty pieces of work] plus representative from Immobilier's office. Obviously everything is a tad more upmarket in Haute Savoie.

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  • 1 month later...
  • 1 month later...
Thank you dear contributors for kindly asking : we are at present in limbo. Neither we, nor the estate agents wish to see these people ever again, but of course, they will meet at the Acte de Vente. Meanwhile we have given proxies [unbeknown to the Ghastly Grumbling G.........s] and will pack up and move six days before this is due to take place. We never want to see them again. We shall of course leave the house immaculate so they have no leg to stand on [they are just the type to refuse to sign because of X Y or Z] so there is little or no option or cause. Only another two weeks to go. Anyone want to buy a beautiful less than 2 years old VW Golf Sportsvan [not a van at all but an upmarket Golf] as because it is silly season, we have no takers even at an extremely reasonable price. Any suggestions anyone? TIA

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