catlady Posted November 26, 2007 Share Posted November 26, 2007 Hi I'm new here, looking for some advice.In May I signed a contract for building work (repairs and minor alterations to a fully habitable house I bought in January as a holiday and future retirement home). I paid a 30% deposit. The company is reputable, with a Siret and large portfolio of works. Part of their sales pitch is that they take away the problems of getting builders to turn up... The work was supposed to start in July, but the builders delayed it for what seemed like a good reason. Since then there have been several more delays and work has not yet started. I have kept all the exchanges of e-mails, which include their proposed start dates, so I have evidence that the delays are coming from them.I know getting building work done in France can be longwinded. But what I want to know is, what is my position if I cancel now, with regard to my deposit? I've searched this and other sites, I know the rules are different in France, but I'm not sure of the detail. Thanks. Link to comment Share on other sites More sharing options...
BJSLIV Posted November 26, 2007 Share Posted November 26, 2007 If you didn't include a specific required by date, a delay of 12 months would probably not invalidate the contract. Therefore if you cancel you risk losing some or all of your deposit. Link to comment Share on other sites More sharing options...
Sunday Driver Posted November 26, 2007 Share Posted November 26, 2007 If you have previously agreed that there were valid reasons behind some of the delays, this might weaken your case... Link to comment Share on other sites More sharing options...
catlady Posted November 26, 2007 Author Share Posted November 26, 2007 [quote user="BJSLIV"]If you didn't include a specific required by date, a delay of 12 months would probably not invalidate the contract. Therefore if you cancel you risk losing some or all of your deposit.[/quote]Thanks, I thought there might be something awkward like that! So this company can just keep my deposit, gain interest on it for say 12 months, and then longer while i try to untangle the legalities?http://www.completefrance.com/cs/images/emotions/sad.gifAnd I tried really hard to choose a decent, reputable company that would do the work in a timely manner. Link to comment Share on other sites More sharing options...
catlady Posted November 26, 2007 Author Share Posted November 26, 2007 [quote user="Sunday Driver"]If you have previously agreed that there were valid reasons behind some of the delays, this might weaken your case... [/quote]Only the first one...crucial workman going sick! There's been no reason other than "sorry...busy" for the rest; and that's delays to dates they've offered me for the work, not dates I've tried to ask for. Link to comment Share on other sites More sharing options...
woolybanana Posted November 26, 2007 Share Posted November 26, 2007 Try a lawyer's letter, works wonders. This company are screwing you because you are an innocent foreigner, so they think. Give them one month to start the work and say three months to finish. Dont mess around. Link to comment Share on other sites More sharing options...
Panda Posted November 26, 2007 Share Posted November 26, 2007 I've had the same thing when I first moved over. I called them and said if they couldn't start within X days then I had taken advice, knew my rights and had begun steps to have the devis cancelled due to their unreasonable delays and that they should return all moneys paid by the end of the month. They started within the week, do as Wooly says and get something in print to this effect. Link to comment Share on other sites More sharing options...
Catalpa Posted November 26, 2007 Share Posted November 26, 2007 Click this link...http://www.completefrance.com/cs/forums/556235/ShowPost.aspx... and take the bits from post nr 9 which help you. Always reconfirm dates in writing back to the builder and always send the letter registered mail - recommandé avec avis de réception. Then keep the delivery confirmation slip when your postman returns it to you.BTW, have you checked to see whether your builder has presented the cheque - has the money left your a/c? Often, an enterprise takes a deposit cheque but doesn't bank it till they start work. Even if it is months later. [;-)] If he has not taken the money, that might make you feel a bit better. If they have taken the money, mention that fact in your letter along with the date that the money left your account. Link to comment Share on other sites More sharing options...
catlady Posted November 26, 2007 Author Share Posted November 26, 2007 wooly, panda, catalpa, thank you very much! I'll start down the "get a new date agreed in writing" route and follow up with a lawyer's letter if that doesn't work.Ummm, can someone direct me to somewhere to find French lawyers who speak English? I do speak everyday French but legal stuff is difficult even in English! Link to comment Share on other sites More sharing options...
Pommier Posted November 27, 2007 Share Posted November 27, 2007 We had this problem when we first moved to France, and the work was very urgent. After being fobbed off with increasingly pathetic excuses, in the end I went into the builders office and suggested that as they were obviously having so many problems I'd help them out by cancelling our job (all said in the nicest possible way!). All of a sudden they found that they could start the work the following week.......... Link to comment Share on other sites More sharing options...
catlady Posted December 22, 2007 Author Share Posted December 22, 2007 An update...a simple suggestion I might cancel got them on site within days and all looked to be going well.However i've just had a call from my neighbours, my house has been left uninhabitable...plumbing disconnected, bare electric wires all over the place, damage to my beams, rubbish piled up outside. They knew by email that I am coming over next week (and I was expecting to do the decorating). So my next question is, as they are properly registered, Siret number and all, what steps do I take to get this rectified? I believe that I have protection under French law?Thanks again. Link to comment Share on other sites More sharing options...
catlady Posted December 22, 2007 Author Share Posted December 22, 2007 answering my own question, I'm putting this link here in case it's useful to anyone else who has problems like this!http://www.frenchentree.com/renovation-and-decoration/DisplayArticle.asp?ID=24214And I did follow the advice on how to find an Artisan first, but it seems that however careful you are you can still be stitched up. Link to comment Share on other sites More sharing options...
Chancer Posted December 23, 2007 Share Posted December 23, 2007 [quote user="catlady"]However i've just had a call from my neighbours, my house has been left uninhabitable...plumbing disconnected, bare electric wires all over the place, damage to my beams, rubbish piled up outside. They knew by email that I am coming over next week (and I was expecting to do the decorating). [/quote] Sounds like the repairs and minor alterations are now under way, if not actually progressing, they have started work to appease you, now your problem is to get them to finish. I realise that that sounds harsh and I really dont wish to be unsympathetic but what you have described is not a French phenomenon but that of dodgy builders in the UK, Spain and probably most other european countries.I think that your best route is to continue to pressure them, hopefully you will not have paid any or too much money up front, if their M.O. is typical of this type of builder you will now be faced with a demand for (more) money to continue the work, my advice is to use this money as the carrot but whatever you do keep hold of it until you are satisfied.I believe that if you involve lawyers at this point or pay them more money you wont see the builders for dust. Link to comment Share on other sites More sharing options...
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