termite test and sous-seing

[Cfcjohn]

I sold my property through an immobilier over a year ago.  They arranged and authorised a termite test in March of last year.

We got to the stage of having the final contracts drawn which we signed, but the immobilier never got a sous-seing signed and the purchasers came over with the contracts to sign after 6 months and said they had changed their mind.

I have received a bill for the termite test something around about 800 euros.

I have been told that the test needs to be done before a sous-seing can be drawn up.  Is this true?

It seems illogical as immobiliers could generate money for the testers who they are obviously closely associated with by having 'phantom clients' making offers.

The immobilier a well known one often quoted in the British press recently 'closed down'   

[derf]

It does appear that until you can get the termite, lead, asbestos report done, the sous-seing privé can't be signed by the purchasers, we have been in the same position and then the buyers pulling out before signing and as the report only last 3 months it can get quite expensive.

I think we may be talking about EYMET here.

[Cfcjohn]

Indeed.

Oh well I'm suprised that they don't draw up a conditional sous-seing protecting the sellers from time-wasters.

I'm more than a little annoyed because the purchasers were making all the wrong noises about the completion date giving them time to make their mind up etc that I asked the immobilier to keep it on the market but instead I have lost 6 months and 800 euros.

And I used to love the French way  of buying and selling houses, protecting the buyer and seller,.....

[Hagar]

That's interesting - although I have read elsewhere that the termite certificate should be in place before signing the compromis/sous-seing it was not the case when we bought in Aude some 3 years ago.

In our case the notaire arranged for a termite inspection AFTER we signed the compromis and had paid the deposit. There was an appropriate clause suspensive in the compromis.

Seems a better way to deal with it to me. Albeit not much help to Cfcjohn.

rgds

Hagar

[paw862]

Hi,

We also signed the compromis with a clause in it regarding the inspection. It would seem to be the only way of protecting both parties.

PW