Development Project Gone Wrong

[pate]

In July 2006 we bought a small apartment in Nice . This apartment was part of a 1st floor renovation project carried out in an older building. One year on our dreams have turned into a nightmare. We can no longer stay in the apartment (from September 2007) as the shower is completely blocked and sewage is coming up through both the shower and the toilet and the stench is horrendous. An insurance expert has found that the builder is liable but he does not agree and the developer is now taking a case against the builder through the French courts. Meanwhile we are liable for service charges and are unable to use our apartment, it is a total health hazard. We have had to cancel numerous flights from the UK but still need to check our apartment so on our last 2 visits (October and February) we have had the added expense of staying in a hotel. To make matters worse after consulting a French lawyer we are told that we cannot claim any form of compensation as this is a second home, legally we must pay our service charges and he informs us that the action could take up to 2 years to resolve.

I have just read the legal opinion advising that the seller must ensure that there are no defects (hidden or otherwise) when a property is sold otherwise the sale may be declared void. We are told that the plumbing has been put in totally wrong. This was an initial complaint we had on the snagging list and has always been a problem but became much worse from July 2007. Surely the developer had a duty to ensure that the plumbing was installed correctly? Do we have absolutely no legal rights where this is concerned?

[Nick Trollope]

You have plenty of rights and the situations will be resolved - eventually (2 years is nothing, this is France!). If you employ an Avocat now, the situation should be resolved in your favour.

[pate]

Nick

We have consulted an advocat and he advises that as this is our 2nd home we have no legal rights to compensation for not having use of our apartmrnt, he told my husdand that as we know we have a problem we should not travel to France until this is resolved and we must continue to pay our service charges etc. We at at our wits end.

pate

[Gemonimo]

Your situation really sounds awful Pate and I certainly hope you find a solution. If you bought your flat in order to rent it out, surely you could claim compensation for loss of earnings. And why does your lawyer say you shouldn't come to France until the problem is resolved? I'm not sure that I follow that line of thinking. But Nick Trolloppe is right, the legal sysem in France is very slow. It took me twelve years to get divorced and I'm still waiting for the 'separation de biens' to take place, four years after the divorce. But don't give up and please keep us posted. Jen

[Wilko]

I'd get a second opinion, sounds like b/shit to me.........what your lawyer is saying.

Good luck

Wilko

[Nick Trollope]

[quote user="Wilko"]

I'd get a second opinion, sounds like b/shit to me.........what your lawyer is saying.

[/quote]

So would I. Your rights to compensation are limited (nothing like in the UK or US), but the developers can't breach a contract with you with impunity.

[Chancer]

He is probably trying to protect you from running up expenses that you may not be able to reclaim, in the UK the principle is called something like mitigating losses. An example is that you dont necessarily run out and hire an equivalent car after an accident when a smaller hire car or buses and taxis could have been used.

The distinction in your case is that it is a second home, if it were your principal residence then you would obviously need to rehouse yourself and would be entitled to reclaim the expenses, assuming of course at the end of this sorry saga there will be someone with the means and compulsion to  pay out.

As it is your secondary residence and it is uninhabitable you cannot use it but you are not homeless, you may choose to go there (and I understand your desire to) and stay in a hotel but I think his message to not go is an indication that you are unlikely to have the costs refunded.

Editted

Of course with the current UK compensation culture there are "accident management" companies whose sole raison d'être is to encourage you to fill your boots and their coffers with unmitigated losses.

[Victor Meldrew]

Do any of the other apartments near to you have the same problems you are having, if so how are they progressing in getting these issues resolved? Also have you spoken to your building insurers? they may be able to help as it should be in their interest, any damage caused by raw sewage could be very costly for them should you claim on your insurance policy.

Victor

[Cendrillon]

Can you contact the person who does the TV Selling House Abroad programme? (Andrew Winter ?) he seems to be good at getting result for this type of problem.

 

Good luck

[tournesol]

Hi

Having had problems ourselves with the builder of our home we had great help from an organisation called the 'UFC Que Choisir' ( a consumer advise organisation) who have advised us how to deal with our builders ( legally) so we knew where we stood ... then  put us in contact with an expertise ( surveyor) and then a solicitor and we are now going to court to claim damages against our builder and the cost of having the work redone by a contractor of our choice.

It may be worth contacting  them . I don't know where the nearest office to you would be, we are in dept 85 and we have one based in la Roche Sur Yon. If you do an internet search I think they have a website which may give you further info.

Goodluck