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Deposit held by Notaire


Tilly

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Despite emailing, faxing and posting our request for the return of our deposit, after expiry of the contract and sale fallen through, the Notaire has not yet done so, and indeed has not even acknowledged our request.  Obviously, I am now going to telephone, but before I do so does anyone know if there is a legal time scale by which the deposit has to be returned to us? 
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Many thanks for your response, although now I am really worried!  This is contary to what the agent advised us, saying that as we were not to blame for the sale not taking place, whilst we would still be out of pocket for some Notaire's expenses, the bulk of our deposit would be returned. 

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If you were not responsible for the sale not taking place presumably the vendor was. If that is the case there should have been a penalty clause written into the contract (normally10%) payable by the vendor if they withdraw from the sale. Nor should you be liable for the notaires fees.

Perhaps, as is often the case, the agent does not have a scooby about French law.

However the fact that you received nothing from the notaire could mean that they are pursuing the vendor
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Not on this specific point, but relevant: the wheels grind extremely slowly with Notaires.

I once had to wait over 6 months for the proceeds of a sale, and recently it took over a year to recuperate a tax which shouldn't have been taken. I went directly to the Tax office in the end.

In other words don't assume that you won't get your money back, just because it is taking a while.

You very probably will, but not straight away.

That isn't to say that there are no dishonest Notaires, but their swindles tend to be less obvious.

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It fell through because the name on the contract given as the owner turned out not to be the legal owner of the property.  Having spoken to the Notaire's office yesterday though, we have been advised the deposit is about to be returned, I won't hold my breath but fingers and toes crossed this will now happen!

Thanks for all the advice, much appreciated.

 

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