House purchase - Advice required please.

[Palwing]

Hi

We have recently signed a Compromis de Vente on a house but have yet to receive it, so still not in the 7 day cooling off period. (we are now back in the UK) However, we are making further enquiries ref the property we are hoping to buy (via a translator in France), as we ran out of time whilst we were there. The house is being sold because the owners have died over the past 3 years, the last one died in January of this year. The compromis is currently being signed by the 5 children, who are the benefactors, before we receive the compromis through the post.

The house was being built whilst being lived in and the Permis de Construire was granted in 1985. However, the house is NOT finished so does not have a Certificate de Conformite. We are trying to find out the situation with the local Marie but apparently the secretary is not the most forthcoming of people with information. We have the plans for the house which show it as a 3 bed house (117m2 downstairs) with a grenier upstairs (100m2). The plans for the grenier show it divided up but not annotated as rooms (ie chambre 4,etc) on the Permis de Construire. It just shows it divided up with walls and doors. The downstairs is almost finished as is the grenier,  but the grenier has also been partly prepared as bedrooms and a toilet room. We have asked the Marie (secretary) if this might be a problem, also if there is a time limit on the completion with regards to the Certificate de Conformite etc. She will not be drawn on this point and so we are in a bit of quandry as to what to do now..risk it or not?

Has anyone any thoughts, experiences or ideas how we might deal or resolve this? We have spoken to the Immobilier (who obviously have a vested interest to sell) but they are of the "nothing is a problem" brigade so don't worry, etc. However, we like to be sure (to be sure) before commiting large sums of dosh to a possible lost cause.

Any help appreciated....thanx in advance.

[Teamedup]

Have you spoken to a notaire about this. You should have clauses that state that if the house isn't 'legal' then you won't buy it.

Also that grenier. Just because a space exists doesn't mean that it will get planning permission. We can't do our grenier out, it is there, but we still can't do it out. So you will need some clarification about that too.

Get in touch with the notaire and discuss this with them, it is they who draw up the contracts and they should be the ones who help/advise you rather than the estate agent.

[Tonyf]

[quote]Hi We have recently signed a Compromis de Vente on a house but have yet to receive it, so still not in the 7 day cooling off period. (we are now back in the UK) However, we are making further enquiri...[/quote]

Sad, but it never fails to amaze my how people sign a contract without full understanding of what he transaction entails.

The best advice is to get professional advice.  It will cost, but there are lots of folk who buy first, complain later and unfortunately did so without taking the requisite care, that one would have undoubtedly done, had they been buying a house in the UK where they speak the language.

 

[Palwing]

Hi Tony

Thanx for your reply.

You mention we may have signed a transaction without knowing what it entails? As I understand it, you sign a compromis knowing that you have 7 days to cancel once you receive the signed document (no obligations). We signed it knowing that information fully.

We took as much advice and did as much work as we could whilst in France and having looked for properties in France over the past 2 years, we have obviously done quite a lot of homework before. Unfortunately, we saw this house near the end of our stay and ran out of time to investigate it fully, there and then. Someone else was very interested in buying the house and we didnt want to miss the opportunity. Due to our previous "homework", we signed the compromis safely in the knowledge that we would still some time to check the rest out once we got back to the UK, which is what we are doing now. As we have yet to receive the compromis, we still have our 7 day "pulling out" period left. We will do exactly that (pull out) if we don't get satisfactory answers. So, it's not quite the "fools rush in" scenario you hint at or it may seem.

During our last week, we visited the Marie twice and asked several questions about the property, we also had a site visit with a local registered French builder to give us his opinion. We asked the registered Immobilier to find out as much as possible ref the planning permissions etc and they are continuing to do that now.  We have also spoken to SJS French Legal Consultants for advice since being back in the UK, after trying unsuccessfully to speak to them from France at the time. We even introduced ourselves to the nearest neighbour with near disastrous results, as it highlighted to them that the property was for sale. They then promptly booked an appointment to view it as they wanted to buy it also!

We felt we had to make a fairly quick decision in France knowing that we would have time to pull out if all isn't as it should be. That's where we are now.  Anyway, hopefully, our concerns prove to be unfounded as we love the property and the area. We met some lovely English and French people during our stay who made us feel most welcome. (Thanx to Kate & Trevor, Les & Sue, Margaret and Rod etc + Lucette and Daniel & Heather for her help, + Kip) The local restaurant also looks brilliant and we cant wait to treat our friends and family to a meal there.

Some times you have to take a "calculated" gamble in life and that's what we feel we have done. As someone a LOT wiser than I will ever be, said: "It's better to try and fail than not to try at all". Lets hope they were right!

Thanx again.

[Deby]

DANGER!

So tell me what happens when the 5 signatories do sign and the Compromis is dated say the 1st July and yours is dated the 29th June. The Compromis then sits on a desk ooh for around 7 days and you are unaware that the clock is ticking and you have missed your deadline due to someones lack of organisation and bad administration. The proof is there with the dates and signatures.

Deby

[Palwing]

Thanx Deby..

You do realise that we won't sleep for weeks now!  Thanx again...now going to the toilet! <grin>

However, whilst in the toilet, I looked at the paperwork that the registered Immobilier gave us and it says the following:

"You will receive an original copy of your compromis in the post. Your 7 day cooling off period starts the following morning."

Now I know I have lived in Norfolk for a long time which has made me a trusting old bu**er, but are you suggesting that registered French Immobiliers are out to "con us" and not to be trusted?

Any one else with thoughts to make the rest of my hair fall out? Looks like it's going to be one of those Sundays!

By the way Deby...love your web site. Looks a wonderful place to stay. You are very lucky.

[Deby]

Sorry didn't mean to do that, silly of me.  I obviously need more sleep than I got.

Having lived in France I like to see things written, written again and preferably with a photo!  As I have been caught out so many times with not a leg to stand on!

Still happens by the way. Am waiting for a bl**dy dishwasher at the moment and at the mercy of some delivery company who will not deliver till they are good a ready, despite my rumblings.

Hope everything works out by the way.
Deby

[Palwing]

No probs Deby... your comment helped to clear the constipation caused by all the French bread I have eaten! Almost as good as Picolax!

We hope that our concerns are only that...concerns and not show stoppers. We both love the peace, location and of course the house.  Time and fate will tell, we will post how we get on as it may help others in a similar situation. We have seen lots of properties with lofts being converted or advertised as possible to convert etc. However, we wonder if people realise what planning regulations are required etc. Although this is not a a problem, it does need a bit of thought.

Still like your place though! Can we have a brick or two for 150k euros?

 

[Miki]

Duchess "....Still happens by the way. Am waiting for a bl**dy dishwasher at the moment and at the mercy of some delivery company who will not deliver till they are good a ready, despite my rumblings"

Best go out Duchess, they won't deliver on a Sunday