Offre D'Achat

[Simon]

I have found the property, made an offer which has been verbally (through the agent) been accepted and am now being asked to sign an "Offre D'achat".

My (medium) French would seem to indicate this is a written offer.  It appears to state the finance is to be determined before the Compromis & lapses if the Compromis is not signed by 14 June.

To what extent is this legally binding should the owner sign?  Should I ask for any "Clause Suspensive" that I need in the Compromis to be put into the "Offre "D'achat"?  eg Certificate of Conformity, land Boundaries, Guarenteed etc.

Some reference materials state this is not a legally binding document (but I think it is) - others state it is.  Can it "lapse" as per my current translation?  Just slightly confused.  Perhaps I should find a good Solicitor now. 

Tks

Simon

[Nick Trollope]

I think that this is the Agent covering his bottom, to prevent you from approaching the Vendor directly. They have dubious legal standing and the only legal document (at this stage) is the Compromis.

Remember that the Vendor has the right to change his mind, as (I presume) you did not offer the asking price - with or without this piece of paper! Push for a signature on the Compromis de Vente.

 

[painterman]

Don't forget to do an itinery of what you expect (and therefore ensure by the seller's signature) to be there at the property eg- fittings such as cupboards, light fittings etc, and don't forget to include garden soil/ plantings/ walls (as in our case they've been taken away.... if you want to read about a good old moan then see our other bit of writing on this site to do with buyers stripping a property.... or maybe not...). Anyhow, make sure that you have an itinery included in your clause suspensives on anything that you sign, especially on the compromis de vente, this applies even if you know the people you are buying the house from or not because you never know......  . Also have an 'must complete by' date written in the compromis de vente or whatever you agree to formally sign before this because our saga has been ongoing since last summer (ten months now) and the house still isn't ours. Good  luck though, can't be that many out there in our position. :) 

[Gastines]

If a mortgage is required,I believe I'm correct in saying you can include your mortgage being available and accepted, as a condition of completing in the C.d V..Basically if things don't work out,you get your deposit back in FULL.

Regards.B&B St.Malo.    ourinns.org

[derf]

[quote user="Gastines"]

If a mortgage is required,I believe I'm correct in saying you can include your mortgage being available and accepted, as a condition of completing in the C.d V..Basically if things don't work out,you get your deposit back in FULL[/quote]

It's a legal requirement and you have to sign away your rights if you don't want a mortgage

[Simon]

Thanks for your responses.  After some contradictory advise from others I have been advised by a French Notary that the Proposition d'achat document is not binding if a Compromis de Vente is not agreed & the Proposition d'achat does not require Clause Suspense as these do into the Compromis.

So I've signed and now await the draft Compromis de Vente.

Have to say the Notaire was much more use than some (not all) UK solicitors who state "do not sign anything" until you've signed up with them.