completion delay due to sellers previous divorce

[Chardie]

We were due to complete by the end of May however we have now been informed by the estate agents this week that this has been delayed by the Notaire due to the following circumstances: Seller does not live in France. He is divorced and hasn't a clue where his ex-wife is. He has supplied copies of his divorce papers to the Notaire. The Notaire is now querying whether the seller is entitled to sell the house (which incidentally has stood empty for nearly 4 years.) He, the Notaire, is apparently seeking legal advice as to whether he can proceed without confirmation from the ex-wife that she has no legal interest in the selling of the property. (Title deeds are in sellers name only.) Has anyone experienced this type of scenario before and what was the outcome? To whom would the Notaire be referring this problem? Any ideas from experience how long this type of problem takes to be sorted out?

[Monika]

We are not experiencing what you describe, but it might be a consolation to you that somebody else is also suffering a delay. Our delay has to do with the "cloture" (see under "Help: une petite probleme"). We have not even signed the compromis de vente yet and have been waiting 4 month. What really frustrates us is, that they only contact us if they have concrete news, which is about every 6 weeks. Yours however might be resolved much quicker, as you have already signed the compromis, and the vendor would be in breach of contract for not having disclosed the true facts which could cost him 10 % of the Sales Price.
Good luck and I look forward to hear from you again.

[Kevinmc]

Chardie,

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