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Cancelling Contract


isittoolate

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We (3 of us) decided to build a house in France. We bought the land and

then agreed with Maisons de'n France to build our property. The

mortgage was all approved with a local French bank but still needs to

be finalised as we need to sign a few forms to complete the whole

mortgage application process. The planning permission has been

submitted to the local Marie and we are awaiting the outcome of this.

We also had the "technical day" with the building company to choose

fittings and finalise other issues & have signed the building

specification contract.

One of us has now being made redundant which

means we can not proceed with the building of the property. We already

bought the land and started paying the repayments for it which is

manageble but we can not proceed  with the building of the property as

the finincial pressure of that mortgage will be too much on the two

remaining people.

We need to inform the bank in France tomorrow as our circumstances have changed and also inform the building company.

We

are wondering will there be any financial penalty because we have to

cancel, the buiding company always knew that the whole builidng of the

house was subject to us getting the mortgage.

It will be great if

anyone can let us know if they've been in a similar situation or

scenario or if  someone can provide us with contact details with a

solicitor (english speaking) we can contact to get advice.

Thank you

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Sorry to hear of your difficulty but I have one observation.

You say that your builder always knew that everything was subject to the mortgage well you yourself have confirmed that you have been offered one so the fact that circumstances have suddenly changed and that you can no longer afford to take it up is not the builders fault. Had you been refused it might be different so I guess a lot will depend on what's down on paper and what stance your builder takes.

Good luck.

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It also seems that you have signed contracts with the builder - why until you had the mortgage and more importantly the planning consent.

You need to look at the contract to see if there is a clause enabling cancellation and if there is there will probably be a cost involved - after all, the builder has had expenses such as the 'technical day'.

Paul

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