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Should we have to pay half of the geometer's fees?


jane
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Hello,

When we signed the Compromis de Vente , we asked the notaire to list all the costs we would have to pay connected to the purchase of the house. We were told that it would be a percentage of the agreed selling price (122.000euros), and his clerk gave us an estimated figure. They did not mention their 5,015euro negotiation fee, which they then added to the price of the house, bringing the price of the house up to 136.000euros (including the TAX and fees).

 

We paid this, but when we went to the Notair’s office for the final signing, he presented us with a bill for 50% of the Geometers charges 318euros. We did not expect to be given this bill, as we did not agree to pay half the cost of the Geometer bill, in the Compromis de Vente.

 

The Geometer’s are now taking us to court for non payment. We have written to our Notair twice, and he has not replied. We have sent seven emails to the Cabinet D’Ormande, explaining everything, but they are still demanding the money and costs.

 

When we bought our house in December 2005, it was on a bigger piece of land and the owner decided to reduce the size of the land, and kept some for himself. It was his decision to split up the land. Therefore, it should have been his reasonability to pay for the bill for the Geometer, not us.

 

Please, can anyone help.

 

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Sorry Jane but I doubt it.

I would not expect this to have been on the CdV any more than the Notaires negotiations fees (= estate agents fees - the buyer pays these in France in almost all cases).  The CdV is nothing more than the sales contract and no more contains these fees than it does the costs for registering for gas, water and power.

 

Also the Notaire will not be able to defend you against the Geometre's fees because he is not a solicitor as in the UK system, but rather a tax collector and land registraar. 

 

After 3-4 years it's probably time to get off the high horse and pay up - even though it does hurt pride and pocket

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Whilst I understand your indignation and however hard it is to swallow I think unless you have the stomach for a protracted and potentially expensive fight, with no guarantee of winning, paying the €318 is the pragmatic option.

The Geometre has signalled his willingness to pursue it further and will start racking up more charges if and when he does initiate legal action.

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[quote user="jane"] 

When we bought our house in December 2005, it was on a bigger piece of land and the owner decided to reduce the size of the land, and kept some for himself. It was his decision to split up the land. Therefore, it should have been his reasonability to pay for the bill for the Geometer, not us.[/quote]

So, why haven't you contacted the previous owner of the land and said just that?

Sue [8-)]

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Maybe your seller was covering his tracks, how can the registry not be up to date unless he has done some unofficial hiving off of land or tax avoidance?

The short answer is the buyer normally pays the Geometre's fees, whether or not the land was divided by the seller for sale or not. We paid them when we bought the farm and have just bought a parcel of land that had to be split and re-registered as part of a land swap and the two buyers have paid the fees.  That is how it normally works, you are also paying for the new registration in your name.

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Whatever the 'norm' (and we were advise the seller pays; we insisted on splitting the bill when we bought a slice of a neighbour's field recently, seemed fair) what you appear to be doing is allowing  the issue to spoil your enjoyment of your French property for the sake of £300 or so and allowing this sum/issue to dominate the first months of your new life. Sorry, seems self defeating to me. What you are being asked to pay is a reasonable sum and I would put it down to experience, vow to be cuter next time and move on.

Pouyade

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[quote user="Ron Avery"]

Maybe your seller was covering his tracks, how can the registry not be up to date unless he has done some unofficial hiving off of land or tax avoidance?

[/quote]

I posted my first post from memory . I have now had a look at my paperwork . Our house was on a clearly defined plot ie fence all round ....."you buy the house this is what you get" . When it came to the original land registry records they show our house on a much larger plot which included the field next to us. Hence they had to have the geomet done to keep their field and register our plot to us.

It was all done and dusted before we did the final signing , we have the plans and all the bourne markers are in place.

Same as I said earlier , the sellers paid for the geomet. 

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[quote user="pouyade"]

what you appear to be doing is allowing  the issue to spoil your enjoyment of your French property for the sake of £300 or so and allowing this sum/issue to dominate the first months of your new life. [/quote]

3 or 4 years judging by the posting, I feel sorry for the still unpaid geometre who must have been incredibly patient.

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  • 4 months later...
Although I agree that the sum total may not be worth fighting for any longer, but I disagree with those who say you should pay "your" half. Fundamentally the house with the ground was offered for sale, and also fundamentally, it means that 'geometry' was established before the grounds were offered for sale - i.e. this is pure cost for the seller to prepare, still his property, for sale. Therefore your reasoning that if the seller offered this property with a condition that you pay for the surveyor's services - it should have been clearly stated in offer and its acceptance. You are correct - you did not engage the surveyor and despite his billing you - he cannot prove that he has any contract with you. Ergo: you owe him nothing.
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[quote user="Ron Avery"]

Maybe your seller was covering his tracks, how can the registry not be up to date unless he has done some unofficial hiving off of land or tax avoidance?

The short answer is the buyer normally pays the Geometre's fees, whether or not the land was divided by the seller for sale or not. We paid them when we bought the farm and have just bought a parcel of land that had to be split and re-registered as part of a land swap and the two buyers have paid the fees.  That is how it normally works, you are also paying for the new registration in your name.

[/quote]

Hello, Ron, I have missed you so welcome back!

When we bought, the seller had to divide his plot between us and another buyer but I made it perfectly clear from the outset that I wouldn't know what I was buying UNLESS he divided up the plot (at his own expense) and offered to me the bit that I was buying.

That was what happened and he paid for everything so I cannot agree that the buyer always pays.  If you'd refused to buy without knowing what was for sale, ie what size plot, none of this would have happened.

I realise that this doesn't help you as you have already bought.  If I were you, I'd just pay the bill, put it down to experience (which NEVER comes cheap) and not lose sleep or more money over this matter.

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[quote user="sweet 17"][quote user="Ron Avery"]

Maybe your seller was covering his tracks, how can the registry not be up to date unless he has done some unofficial hiving off of land or tax avoidance?

The short answer is the buyer normally pays the Geometre's fees, whether or not the land was divided by the seller for sale or not. We paid them when we bought the farm and have just bought a parcel of land that had to be split and re-registered as part of a land swap and the two buyers have paid the fees.  That is how it normally works, you are also paying for the new registration in your name.

[/quote]

Hello, Ron, I have missed you so welcome back!

[/quote]

That posting was before he, ahem, - decided to leave the forum.

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Chancer and Clair, thanks for putting me right.  I just don't look closely enough, don't pay proper attention and wander into all sorts of silly situations!

I have decided that I am fast becoming so giddy that I should dye my hair blonde (with apologies to all blonde people!)......

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