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pullout prior to sale


Peri Winkle
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We are due to complete on a property in France soon, and have learned of possible planning consent nearby.  No information is forthcoming from the Marie, as it has only just been decided on. Because this is all new nothing was pointed out at the agents when signing the Compromis a few months ago, and there has been no notification from the Notaire of any plans.  Do we have the right to pull out , on this basis? 

 

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Sorry - but for sound legal advice you will need to go to a professional lawyer, qualified in French property law.

You will find plenty of amateur opinion here. For what it is worth my own view is that yes, you can pull out of the sale between the compromis and the acte de vente, but you will have to pay a penalty, usually 10% of the cost of the house, which you may well have paid already as a deposit. Normally in France it is up to the buyer to check on such things before signing the compromis. It sounds as if this is a long way from being decided, anyway.

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Can't offer any legal advice but perhaps some reassurance re the turbines.

We have quite a few dotted about quite close to where we live and they really aren't that bad, in fact I actually like them. They aren't noisy unless you stand directly underneath one, (which I have) and they haven't seemed to affect house prices.

 

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I doubt if you could get out of this purchase "clean", without losing your 10%. The Agent has the option of charging you his (inflated) fees too.

Frankly, I wouldn't worry. Wind farms are being proposed all over the place, and any number are rejected (for all sorts of reasons). However, I gather that public opinion in France is very much pro wind farms (give or take a few NIMBY's) and those modern turbines I have seen are, well ... stunning. I could look at them for hours (I am an engineer!)

BTW, they cannot (by law) be placed within 450M of any habitation.

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Wind force and duration testing is going on all over the place, which if you think about it makes sense or it wouldn't be possible to find the best sites and has been stated there are many reasons why a site may be impractical, some of which are "environmental".

We are quite possibly having them near to where we live and I have no problem with that, it seems a small price to pay out here in the countryside given all the other benefits we are fortunate enough to enjoy.

I understood that the minimum distance from habitation was 500 metres, but 450 - 500 no big deal.

Chris

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