Urgent advice required- completion date in France

[Dormouse]

Story so far: we are buying a house in St Just En Chevalet (42). Our house sale here took longer than expected, but we had always told Madame that we hoped to complete the English sale by the end of July. Without checking with the Immobilier, or with us, she booked her removal company for 16th September. We have now got a completion date in England (later than expected, but only by 2 weeks) and want to move out to St Just.

Madame is saying that she will not move out before 16/09 unless we pay her 600 euros to change the date of her removal company.

So basically, she has set the French completion date with no reference to us whatsoever, and is now charging us for the privilege of moving in when we ish to. We, on the other hand, will have to pay storage costs for our furniture because we are having to move out of our English house. It seems we are losing, either way...

Is this legal? Can she do this, or should the completion date in France (or whatever it is known as) be agreed, as in England, between both parties? Sadly the Notaire is on holiday so I can't check with him(and my French isn't up to it).

I know that advice given here isn't necessarily professional legal avice (though if it is, I'd be very happy!) but I'd be interested in other people's opinions on the legality/fairness of Madame's stance on this.

It's my first post here. Be gentle!

[Eslier]

Most Notaires, and it sounds like the one you are dealing with is no exception, take their annual holiday for the whole of August. Therefore, it is highly unlikely that you could meet him and sign the Acte de Vente before early September in any case. That's not to say it is impossible but might be difficult and certainly not usual.

Given the timing, the date of 16th September sounds like a reasonable assumption by the vendor as this gives time for everything to get up and running again after the summer shutdown. Furthermore, it would probably also be difficult for the vendor to arrange removals etc. during August anyway.

The only person in this arrangement that can make anything happen is the Notaire so it looks like you may just have to wait for him to return from his holiday. In the meantime, you could ask the vendor if she would mind you storing some of your possessions in the house.

Having got this far, don't let the problem of a few more weeks delay cause you stress. It won't be long until you are in the house and happily enjoying your new life. One of the things you will find once you are over here is that everything takes longer than you expect, but that's just part of the charm of living here !

[Lori]

I have to agree with what Eslier had to say.   It is nearly impossible to get anything official done here in August.  If you had made the appointment far in advance, perhaps, but to try to work it out now would probably be very difficult.

I realize 600 Euros is a bit of a bite to the wallet, but overall, it might be worth it to you if she will agree (in writing) to be out by a date that is okay with you.

Legal?  Good question, I think only the Notaire could give you the true answer.

Good luck to you.

 

[Debra]

Can't you change your completion date in England?  If not, you're also guilty of arranging a date without checking further down the chain - something you wouldn't do in England and there is even more reason not to do it when you are moving to another country.  Failing that, if you are using a removals company they can store your stuff for a couple of weeks - its not that expensive compared to the rest of the removal (in my experience, not as much as 600 euros).

[Dormouse]

Ooh, yes, Debra, I see what you mean - blush.

I guess you are right: I think the reason for doing it how we did, was that Madame wouldn't change her removal date until we had exchanged, and we couldn't exchange without giving a completion date. and, let's be honest, we thought Madame would be a bit more reasonable. But she wasn't.

I guess we are going to have to bite the bullet and wait it out. It's just we felt hard done by and it's not very convenient, although as someone else has pointed out what's a month really? Maybe I just wanted someone to tut for us and say How Dreadful.

Which no-one has!!!

[JohnM]

Tut tut. How dreadful

May I just add how nice it was to see your reaction to the lack of reaction you'd hoped for. The "blush" was really nice. So often people on here are indignant that anyone should dare to tell them that they are on the wrong, but you've taken it on the chin beautifully. I always think that people who can not admit to being in the wrong are showing signs of insecurity - you've obviously got a strong personality. Good on ya.

 

[Chas]

We moved five years ago in similar circumstances. Buyers in UK wanted to complete on a date which was three weeks in advance of the date already agreed in France. We had a couple of nights in a hotel in UK and then spent the rest of the time in a gite in the village, arranged for us by the agent immobiliere. It was October and it rained a lot in 2000 but it was a great opportunity have a break, explore the area and get to know some of the locals.

 

 

[Ron Avery]

You should not have to pay to store your furniture, any half decent international remover will store your stuff for nothing if you have signed up to move with them.  You will have to talk to your removal company any way now as your removal date has changed that is all assuming that you have booked a removal company. 

[Debra]

Sounds as if she implied she would change it and then didn't mention the 600 euros until you'd already committed to your date!  Not nice, but also not worth falling out over when you're relying on her to leave the house in a nice state when she leaves - and the neighbours with a nice opinion of you!  You may even find if you just say, oh dear, we have no money left to pay 600 euros - 16th it is then: she may say she'll change it anyway!  Try letting the notaire know on his return but keep smiling politely and hope for the best.  Whichever way, it'll all be over soon and you'll be starting your new chapter.  Good luck.

[Dormouse]

Thanks for the responses - even if they weren't quite what I'd hoped for!

We are offering Madame half the amount if she will change the date. Otherwise, we may have to hang on until October (AARGH!) as Mr D's work commitments mean that the later date that sheis offering can't be met.

I suspect tunes may be changed, if she won't get her dosh until October. We will see.

[Debra]

Good luck!