Deposit withheld on Compromis

[Starlight]

Anyone had the experience we have?  There was a suspension clause in

the Compromis that stated we would buy subject to getting a mortgage. 

It took from October to 26 January 2007 to be told we could not get a

mortgage on a barn (the property in question).  We were very upset

having waited so long and then to receive this information.  We had

also incurred other costs along the way so it was already an expensive

experience.  Worse still as of today we still cannot get our 10,000

euro deposit back.  The owner is insisting it not be paid back to us.

So far the only suggestion we have been given is take him to court! 

Any advice please? Further info available if you need it.

[Nick Trollope]

Welcome (such as it is) to the forum.

What an unfortunate start. What your rights are are normally dictated by the compromis de vente. It is normal to include a "if I can get a mortgage" clause in the compromis (if you need one), but it is equally likely that there is a timescale attached to the application and the acceptance/rejection. Also, it is normal to list the potential lenders and the rate/period of the mortgage you will be applying for.

If nothing else, you must have a letter of rejection from the bank listed on the compromis (and be able to show evidence that you have tried elsewhere within the timescales), you must then approach the Notaire (the one named on the compromis), with whom the money should have been lodged and ask him to decide.

Expect a fight if you have broken any of the terms of the compromis (even unwittingly) - the compromis is a contract and you (and the vendor) are expected to keep to it.

If you want to sue someone (especially for this amount), then be aware that it will take years and cost alot.

 

[Starlight]

Just testing this as we have had problems with a reply

[AnOther]

A thouroughly rotten start for sure and although you may get lots of advice from people here (and I'm not criticising it), with €10,000 at stake I'd be heading straight for a good lawyer, and tout suite.

I don't think you can afford to rely on the Notaires decision, you need someone to fight for you.

Hopefully He/She is still holding the money. What has He/She said about it.

I wish you the very best of luck and let's hope it doesn't put you off trying again when you get it sorted.

[Babbles]

Pay a visit to the original Notaireas its not up to the vendor to decide wether you get the deposit back, we had a different problem with our sale but we found our Notaire to negotiate a sensible settlement, Good Luck [:)] Try and sort it with the Notaire as this will give you the quickest resolution.

[Tag]

Sounds as if the vendor is trying it on. See the notaire but be prepared to get a lawyer. If your paperwork is ok then it is clear that you can have your deposit back.