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Anyone ever enforced a home sale through legal system?


gracie

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Hi.  Further to my last question about seller default (a couple of days ago)  has anyone ever gone through the court system in France to enforce contract terms?  What can we expect in terms of time and expense required?   Impartiality of the court,  etc. 

 

We are trying to enforce our Compromis on a property which should have been closed on in August....  All is in order but seller is silent,  probably wants out.  We want the house however...

 

We actually live in Italy and legal procedures here can be very long and sometimes fraught with problems of "missing" documents,  impartiality, etc.  Wondering if it is the same in France... (No offense I hope in asking...)....

 

Thanks...

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[quote user="gracie"]

 

We actually live in Italy and legal procedures here can be very long and sometimes fraught with problems of "missing" documents,  impartiality, etc.  Wondering if it is the same in France...

 

[/quote]

Yup - you'll feel right at home...[;-)]

Sorry can't help specifically but wish you the best of luck

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 http://www.droit.org/

Follow the above link there are some very useful links. 

Indicate to the Notaire that you will pursue even if it takes a long time and look for damages.  Sometimes showing a sense of strength may well tip the balance.  I would also get your funds back in an interest bearing account, ask your Notaire if the funds are interest bearing on your behalf  in order that you can get the benefit.  It is your money and not the Notaires.

I would sit tight and firm.

Good luck.
Deby

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It is very unlikely that the notaire is holding this money which will be in an account held by the Trésor Public. Notaires are not solicitors in that sense. Whether it can be held elsewhere is something he can advise you about. But it may not be in his hands.

If you do manage to force the sale, make sure that the owners do not gut or damage the place out of anger. Have a viewing a day or so before the completion.

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Thanks for the advice....  I am feeling more resolute.... Still hoping of course for a last minute miracle.

 

BTW:  Notaire is preparing to send monies back to us but will hold deposit until we are able to conclude....and then of course tranfer funds back for sale.   

 

 

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