Palwing Posted July 18, 2005 Share Posted July 18, 2005 HiWe are still struggling to get sensible answers to our "challenges" from anyone in authority in France regarding a property we are looking at buying. We still haven't received the Compromis de Vente so still have the 7 day cooling off period to come.IF..and it still is an "if" we decide pull out. Does anyone have any suggestions as to what is the best way of ensuring the immobilier recieves the notification we want to pull out in the time scale of 7 days? I think it has to be recorded or registered? (not sure of the difference).Also, what wording do you have to put in the letter? Is "we don't wish to proceed" good enough?Thanx in advance. Link to comment Share on other sites More sharing options...
Will Posted July 18, 2005 Share Posted July 18, 2005 It has to be sent either recorded delivery or registered - either give the required proof that you sent a letter to a certain address on a certain date. It is probably better to send it in French if you can - I would imagine, though stand to be corrected (I've never had to do it) that something along the lines of 'nous voudrions résilier (or terminer) le contrat...' would suffice. Link to comment Share on other sites More sharing options...
Palwing Posted July 18, 2005 Author Share Posted July 18, 2005 Thanx WillMy guess is that it's not proof of sending that's required, more like proof that they have received it within the required time limit. Still not sure which is the best way to do that. May have to check out a few couriers as it would be worth a few quid to possibly save thousands.Thanx again. Link to comment Share on other sites More sharing options...
Ron Avery Posted July 18, 2005 Share Posted July 18, 2005 Not sure I understand the problem If you have not signed the compromis and don't get satisfactory answers to your questions and decide not to proceed...... you just walk awayYou may want to phone the immobilier and tell them as a courtesy but there is no legal reason to do so, (they probably be out showing other buyers the property you were interested in, they don't let the grass grow here.)If as you say, "We still haven't received the Compromis de Vente" , (which is the draft contract that you sign at the Notaires when you hand over your 10% deposit)....... then you just walk away. Until the compromis is signed there is no commitment from you or the seller to anything as far as I know Link to comment Share on other sites More sharing options...
Palwing Posted July 18, 2005 Author Share Posted July 18, 2005 Sorry for the confusion. We have signed the Compromis...it is now going around the "heirs" to the property. (owners have died) We are waiting for it to get back to us before the 7 day cooling off period begins. Link to comment Share on other sites More sharing options...
Ron Avery Posted July 18, 2005 Share Posted July 18, 2005 If you have signed the compris and paid your money, then use what Will suggested. On a technicality, does the seven days start from your signature or the last signature, I must say it is more usual for all parties to get together at the Notaires and sign en bloc, this makes sure that any changes, although there should not be too many at this early stage, are known to all. You do realise that you could have put a clause suspensive in the compromis to say that in the event of your queries etc not being satisfactorily answered the sale was null and void. Link to comment Share on other sites More sharing options...
Palwing Posted July 18, 2005 Author Share Posted July 18, 2005 Hi Ron...it's a very long story. However, the Immobilier and a well known French property solicitors in the UK agree that the cooling off period starts the day AFTER the day we receive the signed compromis in the UK. ie..8 days in total. As this house is being sold due to the death of the owners, all the children (heirs) have to sign the compromis. They live all over France, so it is being sent to each one to sign before we get it back.We asked about the clause suspensives when we signed the Compromis, unfortunately, we were running short on time in France and didn't know all the questions at that time, so no clauses were included. Hence the "homework" now.Fingers crossed!Thanx Link to comment Share on other sites More sharing options...
derf Posted July 18, 2005 Share Posted July 18, 2005 [quote]Not sure I understand the problem If you have not signed the compromis and don't get satisfactory answers to your questions and decide not to proceed...... you just walk away You may want to phone ...[/quote]My guess is that it's not proof of sending that's required, more like proof that they have received it within the required time limit. If you are in France then you need to send a letter "reccomandé avec accuse de reception" just ask in your local La Poste, if it's from the UK, i am sure that The Royal Mail offer a similar service, recorded delivery with a signature at the receiving end. Link to comment Share on other sites More sharing options...
Will Posted July 18, 2005 Share Posted July 18, 2005 For such a letter you need proof both of you sending it and the addressee receiving it, which the La Poste service and the Royal Mail recorded or registered services will all provide.It can be a very complicated procedure, depending on how many have to sign it and in what order they sign, but if the document is being sent to you for your signature after being signed by the sellers, the seven days will start from the time and date on which it was signed for at your end.I have heard (on other forums) of notaires sending out separate letters saying, in effect, 'the seven day period starts from now' once all of the signatures have been obtained. In your case that looks as if it may buy you a bit more time if that's what you need. Link to comment Share on other sites More sharing options...
Mpprh Posted July 18, 2005 Share Posted July 18, 2005 Hijust worth saying that once the compromis is signed, the deal is pretty well done subject to clauses suspensives.It is not a rather casual "exchange of contracts" as in UK. The vendor can sue for completion if you back out.A notaire will check it out free before you sign if you are worried. And to use both belts & braces, that must be better than signing an agents "standard" compromis ?The agents "standard" compromis says that their fee will be paid upon signing the compromis. I've refused to sign that 3 times and insisted on "the agents fee will be paid on completion". Worth saying that in this area the fee is deducted from the sales price to reduce taxes on maisons secondaire, so the usual procedure is reduce the sale price and the buyer pays the fees.So, do not sign if you are not sure you will complete for any reason.Peter Link to comment Share on other sites More sharing options...
Mpprh Posted July 18, 2005 Share Posted July 18, 2005 Hijust worth saying that once the compromis is signed, the deal is pretty well done subject to clauses suspensives.It is not a rather casual "exchange of contracts" as in UK. The vendor can sue for completion if you back out.A notaire will check it out free before you sign if you are worried. And to use both belts & braces, that must be better than signing an agents "standard" compromis ?The agents "standard" compromis says that their fee will be paid upon signing the compromis. I've refused to sign that 3 times and insisted on "the agents fee will be paid on completion". Worth saying that in this area the fee is deducted from the sales price to reduce taxes on maisons secondaire, so the usual procedure is reduce the sale price and the buyer pays the fees.So, do not sign if you are not sure you will complete for any reason.Peter Link to comment Share on other sites More sharing options...
Motorhead Posted July 18, 2005 Share Posted July 18, 2005 Last time I enquired at the post office Datapost 48 was the only way of being sure of getting the proof of receipt within this kind of timescale. Link to comment Share on other sites More sharing options...
Patf Posted July 18, 2005 Share Posted July 18, 2005 If you have 7 days in which to reflect and perhaps change your mind, say you decide on the 7th day to pull out and send a registered letter. That letter could never arrive within the 7 days. So surely the receipt of it must be acceptable and effective after the 7th day ? Pat. Link to comment Share on other sites More sharing options...
Palwing Posted July 18, 2005 Author Share Posted July 18, 2005 Thanx for all the replies so far.Must say that some of the replies scare the hell out of me! Link to comment Share on other sites More sharing options...
Motorhead Posted July 18, 2005 Share Posted July 18, 2005 My understanding is that you don't have 7 days to change your mind. You have 7 days to inform the notaire you have changed your mind . This may well be the same thing if you only live round the corner but not if in a different country Link to comment Share on other sites More sharing options...
Patf Posted July 18, 2005 Share Posted July 18, 2005 Oh, I see now - thanks. Pat. Link to comment Share on other sites More sharing options...
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