Tilly Posted May 9, 2012 Share Posted May 9, 2012 Despite emailing, faxing and posting our request for the return of our deposit, after expiry of the contract and sale fallen through, the Notaire has not yet done so, and indeed has not even acknowledged our request. Obviously, I am now going to telephone, but before I do so does anyone know if there is a legal time scale by which the deposit has to be returned to us? Link to comment Share on other sites More sharing options...
Boiling a frog Posted May 9, 2012 Share Posted May 9, 2012 It is a misconception that the deposit can be returned instantaneously.It can only be returned with the express agreement of the other party.If this is not forthcoming then litigation is the only way forward. Link to comment Share on other sites More sharing options...
Tilly Posted May 9, 2012 Author Share Posted May 9, 2012 Many thanks for your response, although now I am really worried! This is contary to what the agent advised us, saying that as we were not to blame for the sale not taking place, whilst we would still be out of pocket for some Notaire's expenses, the bulk of our deposit would be returned. Link to comment Share on other sites More sharing options...
Boiling a frog Posted May 9, 2012 Share Posted May 9, 2012 If you were not responsible for the sale not taking place presumably the vendor was. If that is the case there should have been a penalty clause written into the contract (normally10%) payable by the vendor if they withdraw from the sale. Nor should you be liable for the notaires fees. Perhaps, as is often the case, the agent does not have a scooby about French law.However the fact that you received nothing from the notaire could mean that they are pursuing the vendor Link to comment Share on other sites More sharing options...
NormanH Posted May 9, 2012 Share Posted May 9, 2012 Not on this specific point, but relevant: the wheels grind extremely slowly with Notaires.I once had to wait over 6 months for the proceeds of a sale, and recently it took over a year to recuperate a tax which shouldn't have been taken. I went directly to the Tax office in the end.In other words don't assume that you won't get your money back, just because it is taking a while.You very probably will, but not straight away.That isn't to say that there are no dishonest Notaires, but their swindles tend to be less obvious. Link to comment Share on other sites More sharing options...
AnOther Posted May 9, 2012 Share Posted May 9, 2012 What does 'expiry of contract' mean, the only 'expiry' is that of the 7 day cooling off period ?It might help focus advice if you outlined where you were in the purchase process and why it fell through ? Link to comment Share on other sites More sharing options...
Tilly Posted May 10, 2012 Author Share Posted May 10, 2012 It fell through because the name on the contract given as the owner turned out not to be the legal owner of the property. Having spoken to the Notaire's office yesterday though, we have been advised the deposit is about to be returned, I won't hold my breath but fingers and toes crossed this will now happen!Thanks for all the advice, much appreciated. Link to comment Share on other sites More sharing options...
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