7 day cooling off period - when does it start?

[eckerslike]

Hi - the notaires office that have been dealing with our house purchase in France has finally sent us the 7 day letter after we signed the compromis in November 2010. We have been waiting 5+ months for a fosse diagnostic report to be done. A report they failed to mention was required before we signed compromis.

We finally just got the results (end of April) stating the system is enitrely non-conforming. Having received this, the notaires have sent the 7 day latter, knowing we were going to be out of the country to sign for it. On our return we have found a note from the courier company to say it has been left with a neighbour.

I have contacted the notaires office repeatedly asking for clarification on when the 7 day period starts and they have been insisting it starts when the letter was first 'presented to the house' and even though it has been signed for by a total stranger at a different address they are trying to claim that this is the start date.

I know what I think about this but would be very interested to know other people views.

[Anton Redman II]

Short answer get the diagnostics before signing the compromis and paying the deposit. You have almost nil ability to negotiate afterwards.

Slightly longer answer you have to have received the letter for the cooling off period to start.

If you have paid the deposit weigh up loosing the deposit versus the extra costs you now know about.If you have not paid you are in a stronger position

[eckerslike]

Thanks for your reply.

I'm not really asking about whether or not we are in a position to negotiate however. Without wanting to bore anybody reading this, when we asked about the state of the fosse before the compromis was signed in November no one ever mentioned that a diagnostic report even needed to be done. It was only after a sudden attempt to bring the completion date forward to the end to the end of the December failed (we were always due to complete in mid Jan 2011) that they first mentioned that a diagnosis of the fosse was required. In truth had we known it was required we would not have signed the compromis as you rightly suggest.

And unfortunately we don't know about the new costs as nobody is prepared to quote for it as there is conflicting advice as to what the solution is - so we have withdrawn!

I literally wanted to know peoples thoughts on whether we need to have received and signed for the letter at our address before the cooling off period starts - and if so, is it appropriate / professional for a notaires office - well versed in these matters to try and claim otherwise?

[woolybanana]

If the notaire's office knew you were at a different address, your permanent address I assume, then they had no right to send the letter as they did, surely. Nor could you be expected to accept a letter signed for by a neighbour. IMHO

It sounds as if the notaire has been lazy and is now telling porkies to get out of their cockup.

But I might be wrong.

[mint]

[quote user="Anton Redman II"]Short answer get the diagnostics before signing the compromis and paying the deposit. You have almost nil ability to negotiate afterwards. Slightly longer answer you have to have received the letter for the cooling off period to start. If you have paid the deposit weigh up loosing the deposit versus the extra costs you now know about.If you have not paid you are in a stronger position[/quote]

Not only the diagnostics, drive around the area and ask as many questions as you can from, eg the Mairie,  Get to see the Development Plan.

NEVER be pressured into signing the compromis until you have satisfied yourself that it's the property that you want and that you could live with or rectify any defects.

I understand that the cooling period starts from when you have signed, the vendors have signed and the compromis is received by you.

I assume you can prove that you didn't receive the contract, eg that you were away from the address in question?

[eckerslike]

Thanks for your reply.

Absolutely we can proove that we weren't at the address - we were on holiday and the courier slip left shows where the letter was left. In fact the crazy thing is that the notaires office have admitted that their records showed that it had been recieved by a neighbour and yet they STILL insisted that it was valid from that date.... strange isn't it.

[Lou]

In fact the requirement for a diagnostic for the fosse septique only came into law on 1st Jan 2011, so wasn't obligatory when you signed the compromis in Nov. However, it's been known for a while by notaires and estate agents (one of whom I work for!) that this would be required and they ought to have at least mentioned it if it looked like your final contract would be signed post 1st Jan.

I think (can't check as don't have one in front in me at the mo) that the wording of the 7 day notice letter does say from first presentation - presumably the theory is that if you weren't there to see it on that occasion it's your own fault........daft isn't it, especially when in your case you didn't know when it was going to arrive.

Lou

[eckerslike]

Thanks Lou.

Your right - it does say 'presentation' but it also says somethng about requiring guarantees that the letter was received. If we weren't there and didn't sign for it how can they guarantee we received it...

We didn't know it was going to arrive but what makes it even worse is the fact that they sent it knowing we were going to be away. We decided to come back from our vacation a few days early.... what if we hadn't done. It seems incredibly unprofessional and devious especially when we're talking about a 10% deposit!