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Acte definitive - what could go wrong?


Quantum
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Hi there,

We're finally at the end of the tunnel with the purchase of our first french house. Unfortunately due to a family bereavement, my husband has to return to the UK, and our agent immobilier wants us to organise power of attourney for me to sign the acte definitive in his absence.

She says there is no need for my husband to be present, but I am highly concerned that there may be new complications which could arise at this signing.

Does anyone have experience of new information coming to light during the signing of the acte definitive? What could possibly go wrong?

Many thanks

Quantum - optimiste, mais réaliste

 

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There is no reason why just you shouldn't sign.

If there was anything that you needed to be in this final act, why don't you phone the notaire and make sure that it is there before you go into sign.

And check to see that all the personal details are right, the last final acte we signed about two years ago had mistakes, thank goodness for word processors as they didn't take long to put right whilst we sat and waited.

 

 

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If you and the sellers signed a compromis de vente, and any conditions included in that (e.g. getting a Certificat d'Urbanisme, obtaining a mortgage) have been met, it is very rare for any further snags to crop up - that's not to say it's impossible for things to go wrong, but pretty uncommon at this stage. You should have already discussed the inheritance situation so that the correct wording can go into the Acte. As TU says, do check the personal details. Make sure the money reaches the notaire's account on time, and keep in touch with the notaire, best done via the agent immobilier, and all should be fine.
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Hi Quantum

We had to give Power of Attorney to our project manager to sign (he does happen to be a friend now)--we had to do it as the date was put later and later making it impossible to be in France at the required date due to work committments. we were concerned things could go wrong but nothing did -- we made sure all the money was transferred to the Notaire on time -- the bank was extremely helpful there...as were the staff in the Notaire's office and in the agent immobilier.

Hope all goes well for you ---positive thinking brings positive results

cheers

Barry

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Hi there,

just when you think it couldn't get much worse - now the seller wants to take "an action" AGAINST US. Can't quite believe it - despite all my positive thinking and all!

Long story, bank cocking up at every step, still no loan offer, although the "en principe" agreement was sealed back in fevrier. Dates set out in compromis have long expired. Seems that le vendeur has finally had enough of being messed around (not by us), and has now decided to get heavy. This only fuels my fear that he has something to hide.

Might not sleep so soundly after all tonight!

Thank you all for your support in the meantime.

Quantum - optimiste, mais fatiguée

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You had got a clause suspensive hadn't you, that if you didn't get the loan then you wouldn't lose your deposit.

If your bank is french, then they can be very very slow with things. However, it usually works out OK in the end.

 

 

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At the meeting to sign our "Acte", 3 potential probs came to light

1. Our UK expert solicitor had failed to supply a copy of our marriage cert but we had every document known to man with us

2. The cadastral (sp?) was unclear on the numbering of the tiniest piece of land amongst the many making up our plot. But common sense and a magnifying glass saved the day.

3. When our bank had transferred the balance of the funds to the notaire's account they had not quoted our names. Luckily the notaire traced it to us from the amount.

I don't know whether the notiare is a good one or not, but when she read each and every line to us she repeated (almost ad nauseam) "are you sure you understand, are you really, really sure ?"

My advice therefore is to take all papers with you + a packed lunch, it takes hours, a mobile phone for all the calls back to UK BUT don't worry about what MIGHT happen or you won't live to enjoy your French house.

John

and

 

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We do have the clause suspensive and I've been looking into Penal codes most of the night. Thing is, we still want the house and still our bank is dragging its feet. They told us Monday that the offer had been sent out, and today they reveal that there was a mistake, so it will be sent out today. It's the same story every week.

The reason the vendor is getting shirty (and who would blame him), is our agent immobilier has told him that we have already signed the offer! OK, she wanted to get him off her back, but to lie, knowing full well what the system is like - I hope she's learnt her lesson.

I'm sure it will all be alright in the end, but we've absolutley no confidence in the bank now, so who knows what other mistakes could crop up. This is why I really don't want to sign on my own - even though for me the language isn't a problem.

Thanks for all your help - I've a feeling I'll be back for more!

Quantum - optimiste, mais crèvée!

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