who is responsible for organising events, during the sale of a property ? Notaire / Estate Agent

[PierrePlug]

As a vendor of a French Property, Im a bit in the dark as to the process of events during the sale & (importantly) who is responsible for the organisation of these events. (many years ago, when we purchased we used power of attorneys & didnt attend but for the sale we want to be involved)

Our purchasers take occupation before the act de vent, ie the take the keys on 1 Sept but the acte de vent is 7th Sept.

Who is responsible for arranging the meeting with the Notaire, (us, the Agent or the Notaire)? 

The dates were arranged by the Agents but since then they have done....nothing. When do we as sellers need to sign the acte by (before occupation or before completion )

And what happens if the purchaser does not pay the full sum due (inc fees) after having received the keys?

THANKS

PP

[BJSLIV]

Our purchasers take occupation before the acte de vente, ie the take the keys on 1 Sept but the acte de vente is 7th Sept.

The normal arrangement is that everybody signs on the day of the acte , the keys are handed over and everyone lives happily ever after. Is there a particular reason for doing it backwards?. 

You will need to have some special contract drawn up , otherwise you could have unpaying guests if they start playing awkward after 2 September. Your noatire will be able to draft something appropriate. If you haven't already got things in hand you need to do so now to protect your position.

[Nick Trollope]

[quote user="PierrePlug"]As a vendor of a French Property, Im a bit in the dark as to the process of events during the sale & (importantly) who is responsible for the organisation of these events. (many years ago, when we purchased we used power of attorneys & didnt attend but for the sale we want to be involved)
Our purchasers take occupation before the act de vent, ie the take the keys on 1 Sept but the acte de vent is 7th Sept.
Who is responsible for arranging the meeting with the Notaire, (us, the Agent or the Notaire)? 
The dates were arranged by the Agents but since then they have done....nothing. When do we as sellers need to sign the acte by (before occupation or before completion )
And what happens if the purchaser does not pay the full sum due (inc fees) after having received the keys?

THANKS
PP

[/quote]

Who arranged this early occupation? If it was not the Notaire, then do not, under any circumstances allow the purchasers to move into the property before they have signed the Acte (and you have your money). The Notaire will draw up a simple contract to allow them to occupy before the signing, but this must be in place before you let them in.

See the Notaire (go direct, you won't upset the Agent, unless he is up to something).

There are plenty of opportunities for you to be conned here - don't let it happen, get everything in writing!

You sign the Acte along with the purchasers and the Notaire at the same time, in the Notaires office (I guess on the 7th September), "completion" takes place at the same time (it differs from the UK system in this respect, there is no "exchange"). The Notaire will normally advise all parties (usually 14 days in advance) of when he wants you there - frequently via the Agent. The date you have will be from the Agent - the Notaire will probably use this date, but he is under no obligation to do so.

[PierrePlug]

Thanks for your very helpful (& comprehinsive) advice.

 

one last question,  what would happen if the date for the acte de vent as shown on the "compromis de vent" were a Saturday or Sunday; should the purchaser pay by the Friday or would the following Monday be OK ?

 

Thanks again PP

  

[Sunday Driver]

The notaire must be in possession of the purchase monies (cleared funds) before the Acte is signed.  It's the buyer's responsibility to pay in time.  No money, no signing.

 

 

[hoverfrog]

we moved into our house before signing the acte de vente, but this was organised by the notaire who already had _all_ our money so there was no risk.

As previously stated, make sure that it is the notaire who organises it and that he already holds the funds.

The actual date for the ADV is a moveable thing, at the discretion of the notaire. The date on the CDV appears to be a very rough estimate indeed! YMMV