Mac Posted November 26, 2011 Share Posted November 26, 2011 I need some advice. When we bought our property a year ago we were at the notaire's about to sign-she was going through some paperwork with us (and the immobilier who was helping us) when she said ' And of course there is the letter from the Marie saying there is no drainage' We were astounded-as was the Immobilier. We knew nothing of this and neither did he!! There we were -sat with a van load load furniture not knowing whether to sign or not! The Immobilier said that he felt that we had a valid reason to pull out if we wanted. However on reflection and after some discussion we decided that there was some form of drainage(we had seen the fosse) maybe not up to the new standards. The Immobilier phoned the vendors and we came up with a compromise. They would leave with the Notaire 4000 euros. We would install a new system and they would pay half up to the 4000 euro limit.If the system cost more than 8000euro they would pay no more than the 4000 and if it was less they would pay half and get the rest back. They confirmed this by e-mail to the Notaire. Now a year later the new system is installed at a cost of 7500 euro. All checked and signed off by the local water people. We sent the bills (all paid) to the Notaire and asked for a refund of half the costs. We have now received a letter from her saying that the previous owners decline to allow the money to be released as we never sent them the estimates for the work!!! At no time was there a demand that these be sent to them( and anyway its not as if you have a completely free choice over the system you have installed is it!!) Nowhere in writing or verbally is there anything saying that we had to send them estimates for the work.The Notaire also asked if we would agree to giving them their 4000euros back! Needless to say we refused. What can we do now? We pointed out to the Notaire that there was no request for estimates at any time- so we await her reply to that but if that fails what can we do then? Link to comment Share on other sites More sharing options...
602 Posted November 26, 2011 Share Posted November 26, 2011 Just stick to your guns, they are just trying it on. The Notaire cannot release their cash without your agreement, so the impasse will have to be settle somehow. Link to comment Share on other sites More sharing options...
allanb Posted November 27, 2011 Share Posted November 27, 2011 If I've understood you correctly, the vendors are entitled to get 250 € back from their 4,000 - is that right?If so, I suggest you might authorize the notary to go ahead and pay them 250, in return for their acknowledgment that they have no claim on the remaining 3,750. Unless they can show that the 7,500 was an unreasonable amount for the job, I don't think they would have reason to take it further. And if they do, you won't have weakened your position as far as I can see. Good luck! Link to comment Share on other sites More sharing options...
Benjamin Posted November 27, 2011 Share Posted November 27, 2011 allanbWhat a sensible suggestion. Link to comment Share on other sites More sharing options...
NormanH Posted November 27, 2011 Share Posted November 27, 2011 Of course we don't know the terms of the agreement.Was it written anywhere? Link to comment Share on other sites More sharing options...
Mac Posted November 28, 2011 Author Share Posted November 28, 2011 [quote user="NormanH"]Of course we don't know the terms of the agreement.Was it written anywhere?[/quote]Only in so far as the vendors e-mailed the Notaire to say that they agreed to her keeping 4000 euros to pay up to half of the costs. If the cost was less than 8000 euros then they paid only half and got the rest of their money back-if it was more than 8000 then they paid only the 4000 and we paid the rest. Link to comment Share on other sites More sharing options...
Gardian Posted November 28, 2011 Share Posted November 28, 2011 Sounds pretty damm close to an enforceable contract to me!If it was me, I'd ask for a meeting with the Notaire and ask her what possible grounds the other party have for refusing to allow her to release the funds to you. Face-to-face, you'll at least get a feel for whether she's sympathetic towards your position.Your threat (and the only one I know of, but others may well know better) would be to go to your local Tribunal d'Instances, which if you're not aware, is a local Court for dealing with relatively small disputes. Can't remember the upper limit for claims, but if you google it, you'll get the gen.Whatever you do, don't employ an avocat of your own - you'll easily end up burning the sum of money that you're seeking. Link to comment Share on other sites More sharing options...
Mac Posted November 28, 2011 Author Share Posted November 28, 2011 Can I use the Tribunal d'Instance even though the vendors are no longer resident in France? Link to comment Share on other sites More sharing options...
suein56 Posted November 28, 2011 Share Posted November 28, 2011 [quote user="Gardian"]Sounds pretty damm close to an enforceable contract to me!If it was me, I'd ask for a meeting with the Notaire and ask her what possible grounds the other party have for refusing to allow her to release the funds to you. [/quote]Gardian's advice sounds pretty shrewd to me. Keep things simple to start with, until you find out why the previous owners are playing silly bu**ers.Sue Link to comment Share on other sites More sharing options...
woolybanana Posted November 28, 2011 Share Posted November 28, 2011 Because they think they can! Link to comment Share on other sites More sharing options...
allanb Posted November 28, 2011 Share Posted November 28, 2011 I don't disagree with what Gardian wrote, but I think it would make sense to try my suggestion first, because (a) it doesn't involve the Tribunal, (b) it doesn't require a lawyer, and (c) it will be on record that you made a good-faith attempt to settle the matter.If it doesn't work, all the other options are still open to you. Link to comment Share on other sites More sharing options...
suein56 Posted November 28, 2011 Share Posted November 28, 2011 [quote user="allanb"]I don't disagree with what Gardian wrote, but I think it would make sense to try my suggestion first ... [/quote]As either option is sound and both entail the OP going to see the notaire, then both suggestions could be covered in the one meeting, and a suitable plan of action then discussed.Sue Link to comment Share on other sites More sharing options...
Gardian Posted November 28, 2011 Share Posted November 28, 2011 Sounds good ................ and sorry Alan, I didn't really read your suggestion properly 1st time round. Hopefully the OP has enough out of that little lot to proceed.As to the question of whether something can be taken to the Td'I if the vendor is no longer resident, my suspicion would be that its perfectly possible. Normally, the problem might be in enforcing any order that the Court makes.However, in this situation you're in the happy position of not trying to extract money from somebody 'abroad'. The Notaire is holding the funds and she will readily comply with any order that the Court sees fit to issue ............... if it gets that far. Put on an Oscar-winning performance of firmness when you see the Notaire, making it clear that the Td'I is your next port of call. It probably won't frighten her, but it'll focus the mind.Sooner or later, you'll win this. Hopefully sooner. Link to comment Share on other sites More sharing options...
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