Jump to content

I have I got the right to stop my buyers from cutting any more fruit trees as they do not own my house yet?


artistinfrance
 Share

Recommended Posts

I have been having problemes with my buyers, they have threatened twice to not sign once when I had to reduce the price by 4000 euros for the compromis de vente and the most recent two days ago asking me for items not listed in the Compromis de vente. Under duress I gave these to them. I now do not trust them.

They had asked if they could visit to clear the garden and I said yes at the time. I thought this is just to cut the grass but they have cut down several plum trees and a hazel nut tree that was old and producing  hazel nuts in abundance. They have just told me they will be back this weekend to do some more clearing. They do not ask even when they have been told no.

I am worried that the next trees to be cut will be the walnut trees and still not sure when they will go ahead with the signing to complete.

email from estate agent..............

So, please confirm : will you leave all the radiators and the suitable pipes ?.

If not they will not sign the completion. Regarding the law, you would have the

right to get back their deposit, as penalty, but, as they will contest, the

notary will have to hold the money until a decision, by court order, not before

six months or one year. So, where is your interest ?.

Due to the current market, it will be difficult to get quickly another

buyer. Other point, quoted page 14 of the compromis de vente : the buyers have

the possibility to check again the property on the morning of the

completion.

Kind regards

Didier

I have told them that until the final date of completion they are not to come to my house again.

I have told the estate agent but he ignores what I am saying.

Please can you let me know if I can stop them cutting the last walnut trees lots of walnuts on it?

alone and sick of this in France

Anne

 
Link to comment
Share on other sites

What can I say. BE FIRM!

 

Write to your notaire and estate agent and tell them that the buyers are not permitted to touch anything at all else until such times as they actually own the place.

In fact email them and send them a written copy recommande avec accuse de reception. Note on the email that they will be getting letters like this too.

Link to comment
Share on other sites

Thank you for the advice. I was told they will be here tomorrow to clear the garden. I am so fed up I just want to go back  to the UK.

The fault is with the estate agent being not very honest. I am not happy with this but my removal people from England will be here on Thursday.  the sale date is for 25th October I have no choice but to accept.

Thank you again

Anne.

Link to comment
Share on other sites

Well you do have a choice. If they have signed the compromis de vente and there are no clauses etc that allow them to do this , then you can say no. Obviously I don't know what conditions and clauses are in place but they' be on a very sticky wicket if they tried to pull out because they are not allowed to clear a garden that does not yet belong to them.
Link to comment
Share on other sites

Cover yourself by taking photographs today and dating them, perhaps put a copy of today's paper in the photo. Not sure how this might help but it could prove existence of the trees and condition of the house as of today, in case a problem arises in the future about contesting this.

Have they signed the compromis ... it doesn't seem clear from yrou email. If they have, then they cannot pull out of the sale without forfeiting their deposit unless there is a very good reason, undisclosed information, etc. Ignore agent's comments, they want a quiet life and to sell.

But take those photos today, and stick around tomorrow. Don't let them cut - tell them that the house will soon be theirs but, until then, it remains your property. Be firm, if necessary have a friend with you.
Link to comment
Share on other sites

Call the gendarmes if you must, they are vandalising your property.

The thing about the radiators may seem like nonsense however there have

been many cases where items not specifically mentioned in the compromis but assumed to be included have

been found missing on the day of the acte, radiators, boilers, doors, fitted kitchens,

even light switches and sockets so just say yes.

I would always advise buyers to visit a property immediately prior to the

signing of the acte to check the above and that the property is as

expected.

Link to comment
Share on other sites

First thaks to all that have commented I should have contacted you before its good advice but too late now as the Estae Agent is taking sides with them and I cannot win as he said in his email they would contest the deposit and it would take too long. The compromis de vente is sraight forward they can come and see the property on the day prior to the signing. I have been welcoming them to the point, where they are now turning up when they want. T

There are no items listed that are not fixed in this contract. The kitchen is new with hob and oven all English and staying as is fixed. My central heating system was never put in and still in plastic, all is english equip,

The buyers did not like my heating system and wanted to buy their own and asked for a reduction of 4000 euros and they told me I can take mine back to England.

I accepted the drop in price in an email to the estate agent. I also mentioned that I would be taking my goods back curtains and wardrobes too. The estate agent said the buyers had confirmed agreement to this deal.

The contract was signed on the 18th August but four days ago they came to my door without appointment again. They saw my radiators and pipes still wrapped in plastic with the wickes labels and asked me if I was leaving these,  I said no, as I thought it was agreed that my heating sytem was to come back with me. Then was asked about the curtains, again this was agreed that I would take all as I dropped the price to under 80000 euros.

They were not happy and left to contact the estate agent where he sent an email to say they will not sign the completion unless I leave radiators and pipes. I wrote back and said that I will under duress I will donate my radiators and pipes to them. As I want to go back to England.

Thats the story I really don.t care anymore this is just too much I have taken photos of my garden before and just recently now. I am a pensioner and at this time I do not want the stress I lost my husband three years ago.

Anne 

Link to comment
Share on other sites

I can't imagine anyone doing hard work like tree removing etc for fun so I think it's a sign that they want the house, a buying signal if you must. When they eventually own it they will cut down whatever do as they want, you must separate your emotions from what they are doing.

Do I think they are jumping the gun, yes a little so when will they sign?

Link to comment
Share on other sites

[quote user="idun"]

Close your gates, or whatever you can and tell them to go away or you'll call the gendarmes. It's 17 if you didn't know.

You really do not have to put up with this bullying you know and good luck.

[/quote]

Id, I guess you'll already have guessed that I'd disagree with you on this point.

Anne, I see exactly what you mean about wanting to just shut the door on this chapter of your life.  And, you are right, there comes a time when putting up a fight is no longer the sensible thing to do.

Take yourself out for the day; let them do what the hell they want.  And, if a tree branch does fall on their heads or they fall off their ladder, whatever, then you won't be there to call the ambulance out, will you?[6]

Pierre is right also....if at all possible, try and pretend you have already sold and that you are looking back at this difficult time from a long way in the distant future and that these people will do whatever.

If the worse comes to the worst and they don't complete, they forfeit their deposit and you can, if needs be, re-market the house at a reduced price, thereby increasing the chances of selling.

But I suspect that they are just inconsiderate, greedy people out to get their pound of flesh and, like Pierre, I believe that they do mean to buy the house.  Unfortunately, there are lots of people like  these out there who are natural predators.

The owners of a house I fell in love with had the same sort of problem with their buyer.  The buyer started messing them about, knowing that they needed to move quickly, started demanding more time to complete, then started requesting some choice items of furniture, etc, etc.  Like you, the owners got very uptight and resentful towards the end.  The last I heard from them was when the wife rang me up and said they wished they'd accepted our offer (which was the highest we could manage but didn't match their buyer's) and that the upshot was they would have been much happier to have sold to us. 

It's disgraceful, these bullying tactics, but sometimes, for your own sanity, it's best to just let it all go over your head.

All best wishes for your future, Anne.

Link to comment
Share on other sites

[quote user="artistinfrance"]They were not happy and left to contact the estate agent where he sent an email to say they will not sign the completion unless I leave radiators and pipes. I wrote back and said that I will under duress I will donate my radiators and pipes to them. [/quote]

If it was me, I'd renege on the deal and take the rads & pipes just to spite them, but I suspect that you're too nice a lady to contemplate that.

These people are ruthless cretins and have taken advantage of your vulnerability (and I mean that in the kindest possible way). There's a big difference between striking a hard bargain and predatory behaviour.

I have nothing constructive to offer apart from the hope that you don't allow this to leave an unpleasant taste for you about your time over here and the French nation. All the best to you.

Link to comment
Share on other sites

They came and did some clearing up of the cut trees and you are both right I am looking forward to getting back and buying a house a little smaller :)

I need to get my head back into my painting as I have three paintings to finish before I leave here but difficult to concentrate when so much of a todoing!

I will concentraite on my exhibition entries for December,when they arrive tomorrow I will keep busy.

 I still would have liked the Jam to take back. Pleased that they have left the walnut tree for now as I will get the nuts also before I go.

Thanks for the moral support and your thoughts on this matter.

Anne
Link to comment
Share on other sites

Anne, whilst I totally get Gardian's point of view and that of others, it does seem to me that Sweets and Teapot are bang on.  You obviously have had enough and I very much doubt, as does the teapot, that anybody would put all this effort in if they did not intend to buy in the end.  You say you are a pensioner and that you are now on your own so I think in your shoes, no matter how angry I might be and how much I'd like to tell these people to stuff it, that you will be far less stressed if you don't.  It's tough but you need to remember that soon the house won't be yours anyway and they'll do what they want to it (my own in no way resembles the place I bought, does yours?)  Would you have removed the pipes and rads if they hadn't mentioned them?  If not - what difference will this make to you in the end?

Cut the cord and get on with your life.

Bon courage, whatever you decide.

Link to comment
Share on other sites

Oh, Coops, thanks for posting that.  I meant Teapot in my post, of course, and not Pierre.  Don't know where Pierre comes into all this.  I am getting muddlier by the day.......

Anyway, apologies for getting names mixed up.  Sorry to all concerned.

And, Anne, that's the spirit, you just go ahead and finish your paintings and think about your move and this time next year, you will look back and realise you will have travelled a long way away in every sense of the word[:D]

All the very best....

Link to comment
Share on other sites

Hi

If you go to these links you will find this is some of my work not all. I hope you enjoy this, my work not that great as need more time to develop my ideas.

http://arts-engine.org.uk/index.php?id=44&L=0&action=ViewOrganisationData&OrgID=873001

and  http://www.artslant.com/global/artists/show/139118-anne-selfe?tab=ARTWORKS the address used in England is the agent. Under awards have won one award

 

Anne

Link to comment
Share on other sites

Hi

I was removing all non fixed items back to England as this was the condition I agreed in the reduction of 4000 euros this was the second time I reduced the property first time by 2000 euros. I have lost 30,000 pounds plus on this house as all item are new kitchen and appliances all english and bathrooms also english so really could not afford to drop much lower. 

I will go back to England and will not be able to buy the same house again that I had previously in the UK if at all, euro getting quite low on exchange..

Non of these items are listed on the Compromis  de Vente. I wrote back to the agent and my words were 'It is under duress that I donate my radiators to the buyers and that

this was all, that I would be leaving nothing else'
  I did add a question...... are these threats of 'not signing', vacuous statements merely to put

pressure on the vender, in order to obtain goods that were not listed on the

compromis de vente ?  Had no reply from agent since just to tell me that the buyers are coming saturday and sunday.  

I am not asked if the buyer can come I am orderred that they are coming.

This  is something I object to as you know I need to work and as soon as they are off I will have lunch and continue with my work.

Anne

Link to comment
Share on other sites

Sorry some questions for you, or just food for thought.

If you are moving on Thursday what is happening to your house then? Are you leaving France?

Have you agreed that they can move in before buying?

If you are not there, who has the keys? I would not be leaving them with your obviously dubious notaire or estate agent. Have you a friend who can hand them over on the day of signing?

If you are allowing them to move in early, then you need them to sign to say that they will sign on the correct date and have their own home insurance. You need to see a copy of all these paper work. We were royally conned, and I insisted on seeing these.

Also when you leave turn everything off, and check all your meters, electricity, gas(if you have it) and water, write it down and send a copy to the estate agent and notaire and obviously to the your suppliers. Have your phone internet cancelled too.

 

It is a long story but we were conned into handing the keys over before the signing.Got very messy, but I made sure that I had the paperwork, saying that they were going to sign on xxx date and they were properly insured. Also it ended up with us being over a 1000€ worse off, but as I said, a long story.

Link to comment
Share on other sites

Hi I had thought about that but no I will be here. I will be sleeping over in my neighbours house at night and there during the day as my Art stuff is there and easier to work here.

At least I know that my goods are back in England. Thank you for that but it can be a risk to let people move in before the completion day. I am learning that the French culture is not all what it seams. I fell in love with a dream and the dream became a money grabbing monster.

Anne  

Link to comment
Share on other sites

Anne, just wanted to say "good luck". This is a messy business and you won't be sorry to leave it behind. Like previous advice, leave the key with someone reputable, get someone to witness the meter readings, take photos of everything ... just in case it turns sticky, but hopefully this will all soon be long behind you and just a memory.

Your artwork is very good, love the picture of the young boy. You have a real talent there, Anne ... good luck with everything.
Link to comment
Share on other sites

Hi Thanks for that I am just trying to get back to the stage I was at when at art college many moons ago. Thank you again but a way to go yet latest are two portraits and two figure paintings of live models for exhibition they are a lot better. Little boy belongs to a neighbour here in the village.

Anne.

Link to comment
Share on other sites

Please sign in to comment

You will be able to leave a comment after signing in



Sign In Now
 Share

×
×
  • Create New...