any damage after initial signing untill completion

[zippot]

we are due to sign the compra vente next week ,everythnig is ok but there has been some damage to the roof with blown off tiles which we know about.what happens if there is more damage between the first signing and the finalisation if the whole roof blew off would it be my hard luck ?? what can i do to cover myself. the house stands empty

[Rdupre]

In our case, after we signed the initial papers, someone broke in and tried to steal some pipes from the house. The owners' insurance covered most of the repairs and the previous owners are paying the difference. We offered to pay the difference but they chose to do it themselves; I think they were afraid we wouldn't go through with the sale.

[Quillan]

I am sure somebody will correct me if I am wrong but you only become the owner when you complete the transaction. Any damage done to the property before then even if you have signed to say your going to buy the property is down to the owners. If your concerned then get the French equivalent of a survey done (forgot the French name sorry - somewhere on the forum is their website address) so you know the state of the property and any damage after that can either be paid for out of the sale price or the owner can correct the problem.

[DavyH]

I agree with you Quillan, until you complete the transaction the previous owner is responsible for any repairs.

The advice we were given before completing was to check the house again before going to the notaires - we had a quick look and found everything was ok and even the grass had been cut :)

[AnOther]

[quote user="DavyH"]The advice we were given before completing was to check the house again before going to the notaires[/quote]This should be mandatory!

There are apocryphal tales of new owners opening the door to find a property stripped naked, plumbing, electrics, kitchen doors etc. etc. and basically if it isn't specifically mentioned in the compromis/acte then there is precious little you can do about it.

With regard to your damaged roof, document it with photos and make it a condition that it is contained whilst the acte is being prepared.

[Quillan]

Absolutely and when they say before they mean just before, like an hour if practical. Once you have signed whats not there is your problem. An even bigger problem can be what IS there, there have been cases of people having to get several skips in, at their expense, to clear the house prior to actually moving in.

[AnOther]

We went with our Immo to the house an hour or so before signing and the vendor followed us in her car to the Notaire afterwards. Even then though she could have had friends or relatives go in when we'd left.

Fortunately we had an excellent relationship with her and had no worries on that score. We had also had made an inventory of what was remaining.

[zippot]

Thanks for the great response !! we wont be able to check the house when its ready for completion as we are working in the south of france weve already made the trip up once only to be disapointed because the seller never signed so  were back next week.

Im wondering if i could ask the owner to get it repaired on his insurance just to stop the damage getting worse.It is a restoration project but the roof is fine apart from the wind damage and the wind weve had down here latley is crazy.the owner is in the uk and i doubt if he will come and do it once again thnk you very much for the great response.

Dave

[PaulT]

Beware though as certainly one Immo was not keen on this - the one we bought through and even suggested that it was unknown to carry out an inspection. We inspected the day before, met the vendors who were doing a sterling job of cleaning everything and even carried on when I told them not to bother as I would be knocking down a wall and there would be a lot of dust. 

[Quillan]

[quote user="P2"]Beware though as certainly one Immo was not keen on this - the one we bought through and even suggested that it was unknown to carry out an inspection. We inspected the day before, met the vendors who were doing a sterling job of cleaning everything and even carried on when I told them not to bother as I would be knocking down a wall and there would be a lot of dust. [/quote]

My attitude to a Immo saying that would be tough, its not his/hers money being spent. I also tell people to take a separate translator (your Immo may offer but then thats a conflict of interest) to the final signing to translate all that is said. If they don't like what they hear, within reason, then to stop the proceedings till its sorted. We certainly did this, something in our contract that we asked repeatedly to be added was not and they had to go a rewrite the contract before we continued (even the seller said the notaire was incompetent). Somebody else we know did the same thing, he bought land with no access on the promise from the Immo there would be and it would be in the contract, it wasn't so he stopped the proceeding till it was resolved which ended up with the Immo buying the access land and giving it to the buyer for nothing (nice result). Don't forget its your money and it has to be right, its often too late once the contract is signed.

If I were the OP I would take the attitude that when I viewed the house the roof was intact and thats what I bought. If its not intact now then it needs to be before I would sign the final contract. After all you don't know whats happened unless you are a builder or engineer and it may cost a fortune to put right, the seller may know this and be trying to pull a flanker for all you know.

[zippot]

well its done and dusted now,

 weve put a clause in the compra vee to the effect it will remain the same condition and taken photgraphs . i hope its ok with no wind this summer.

fingers crossed

[chilliandice]

I would make sure that you draft this into the compromise as one of the clauses.

I am sure your solicitor could arrange the wording, this would then protect you if the current owners decided to let the roof collapse...

[Patf]

We sold our first house here to a dutch couple and on the morning of the day of signing the A de V they went through the house with a fine tooth comb (as it were.) They even brought their legal rep. with them from Holland and he directed the inspection. Checked all electric switches, taps etc. It took about an hour.

Our immo. was there too and he said he had never seen such a thorough inspection.

We didn't object, they were making a major purchase.