Ka Ora!

Something I have learnt in France is that every response needs to be challenged for evidence, In the UK I was a run of the mill kind of go with the flow person but ten years here has taught me a lot, but it may be more to do with the attitude of professionalism or lack of it here

greaterbelfastguy

I didn't mention it earlier because it simply didn't cross my mind as being important. And that's the beauty of having online discussion forums such as this; we've now thrashed it out so that we're at a point in the conversation that I'm realising that perhaps it is important, and maybe I was asking the wrong question. Instead of asking if anyone could pursue me for this debt, I should have been asking, has the notaire been negligent in their duties; am I even legally liable for it?

Now, armed with this new line of enquiry, I've come across a few websites this morning during my searches that I've e-mailed in hope of clarification on this matter. I've also e-mailed the estate agents who dealt with the house sale, surely if anyone knows, they should.

I want to be as close to 100% sure as I can, before I accuse the notaire of negligence.

Ka Ora!

If you get to this point then it's probably going to be advisable to talk to a Avocat the equivalent of a Solicitor

Im_and_Er

Just to pick up on the point about residency:

183 days is a common misnomer but the truth is that regardless of how much time he spent in France if your fathers only property was here then that fact of itself will usually be sufficient to make him French resident.

In certain circumstances you can be deemed French resident without ever setting foot in the country !

This is highly unlikely as the bills for the taxes will have arrived in the post automatically and if they were not paid they would have most definitely been vigorously followed up, a parallel in UK would be not paying your council tax.

While it does seem as if the Notaire may be guilty of not practicing due diligence even getting him or her them to court, let alone obtaining compensation, I would say would be next to impossible.

Never lose sight of the fact that French justice is not the same as British !

EDIT:

Some information on the enforcement of cross border court judgements here: http://www.mondaq.com/article.asp?articleid=84790

Quote "it is crucial for a party to consider how and where it will recover any judgment from the other side before any legal proceedings are initiated"

This cut's both ways, firstly how will the French recover from you and vice-versa if you won a judgement against a Notaire how would you recover from him/her.

Bottom line I would say would be to refuse to pay and wait for them to make the next move. I suspect they will drop it.

greaterbelfastguy

Hi, did you quote the wrong part of my post there..? 'Cos he definitely came and went as he pleased, no doubt about that.