Happyh Posted January 21, 2016 Share Posted January 21, 2016 Can any help ....I have made an offer on a property which has been agreed by seller. Offer signed by both parties. Seller has now died. Paperwork with notaire. There is a separate probate notaire. I have been told that as the offers were signed the inheritors are bound by this? However it appears to be holding up the sale. Can anyone tell me, if the offer is legally binding why is the sale of the property not continuing and the proceeds being left to the estate. As far as I know there are no children, but there are other relatives. Link to comment Share on other sites More sharing options...
woolybanana Posted January 21, 2016 Share Posted January 21, 2016 I suspect that the contract is still binding but that you have simply hit bureaucratic bullshit. Of course, this may suit the deceased vendors heirs who may not like the deal but I think ultimately your purchase will go through if you are patient. Why not simply get to see the notaires involved and find out what is going on; I have always found them most willing to elucidate. You may need to take a (paid?) translator with you, of course.Failing this, you could follow the advice of a retired banker friend of mine ( which I did not need to) and go and shout loud and long at the notaire! (Not advised) Link to comment Share on other sites More sharing options...
andyh4 Posted January 21, 2016 Share Posted January 21, 2016 I suspect the delay will be because the person who has to sign the final act of sale cannot now do so. As such it becomes the sort of bureaucratic problem that typifies the French system at times. Like Wooly, I suggest you discuss the options and outcomes with the notaire. Link to comment Share on other sites More sharing options...
Tancrède Posted January 22, 2016 Share Posted January 22, 2016 [quote user="Happyh"] I have been told that as the offers were signed the inheritors are bound by this?[/quote]Yes, this is correct. The contract is binding, and its effect is transmitted to the inheritors, unless there is a clause to the contrary.The chief article of the Code Civil bearing on this is 1122. Link to comment Share on other sites More sharing options...
Loiseau Posted January 22, 2016 Share Posted January 22, 2016 My husband died while we were in the process of selling a house. It slowed the process down by a month or two, as the shares of his half that then became due to each of his children had to be calculated by the notaire, but it went through ok in the end.Of course, none of us survivors was contesting the sale - which may not be the case with your intended purchase.Angela Link to comment Share on other sites More sharing options...
Alan Zoff Posted January 22, 2016 Share Posted January 22, 2016 It would cause a similar delay with a UK transaction as the executors of the deceased seller would have to obtain probate before they could sign the document required by the Land Registry to complete the transfer to the purchaser. Clearly, the authorities in whichever country this happens have to be satisfied that the person signing the transfer document has full legal authority to do so. Link to comment Share on other sites More sharing options...
Happyh Posted January 22, 2016 Author Share Posted January 22, 2016 Thank you for you comments. Link to comment Share on other sites More sharing options...
Happyh Posted January 22, 2016 Author Share Posted January 22, 2016 thank you I have translated to : One is supposed to have stipulated for himself and for his heirs and assigns unless the contrary is expressed or results from the nature of the agreement.You seem to have some knowledge about this. Can you tell me what you think thins means please.? Thank you Link to comment Share on other sites More sharing options...
YCCMB Posted January 22, 2016 Share Posted January 22, 2016 The non-Google-translate version of what this paragraph means is, essentially, that unless otherwise stipulated or unless there are caveats inserted into the contract, the original signatory is considered to have signed the agreement on their own behalf and on behalf of their heirs and beneficiaries. Link to comment Share on other sites More sharing options...
Happyh Posted January 23, 2016 Author Share Posted January 23, 2016 thank you. I have re-read the preliminary offer which states 'seller acting on own as well as that of their heirs and successors jointly, whether the latter be minors or not competent, given the widest ordinary and legal warranties, and hereby sells to the buyer .........'So I am hopeful that my understanding that the contract is legal is correct. Although not sure what given the widest ordinary and legal warranties means? Anyone any ideas please? Link to comment Share on other sites More sharing options...
YCCMB Posted January 23, 2016 Share Posted January 23, 2016 What you really need is reassurance, obviously. That's completely understandable, given the circumstances.However, a few things: 1. Whatever advice or interpretation someone you don't know from a random forum might give to you has no validity or legal standing. You need a lawyer.2.Actually, you probably don't need a lawyer, just a bit of patience and a little extra time.3. You're posting an English translation of what your contract says. If you've used a translation software that you found on the Internet to translate a piece of a binding contract, that's very dangerous. These things can be wildly inaccurate. As a lay person, with absolutely no legal training, just a good grasp of the French language and a bit of experience (in France and the French, not in conveyancing) it all looks fine.Don't sweat the small stuff. Link to comment Share on other sites More sharing options...
Happyh Posted January 23, 2016 Author Share Posted January 23, 2016 Thanks. Your right.The translation is taken from the contract itself. It was written in both French and English. Link to comment Share on other sites More sharing options...
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