Hi
Registered a while back - Wrote up about our intentions and it went a bit quiet for us while we were looking.
We have found a house now but there might be an issue.
We have offered the asking price, which I believe is a legally binding offer in France? The owner of the house has apparently taken another offer which is higher than the asking price.
All we have done so far is signed an intention to buy, the Compris de Vente? Is coming shortly. So theres the problem, whats the best thing for us to do right now?

Also a question - Are there any specific laws in France regarding letting your house out to guests. For example, if I was to live in a house on my own in the UK I wouldn't have to fit fire doors as its just domestic use only, but if I rented it out I'd have to fit fire doors etc... So its a question of liability really. The guy who owns the house now has done quite a lot of work, how can I find out if this is acceptable in terms of safety, BUT more importantly in terms of liability for when we rent the house out?

Thanks.

The house we have seen is truly amazing BTW!!!

Hi there

If you offered the full asking price through a reputable agent or a notaire, then yes that offer has to be accepted by the vendor as HE/SHE has signed an agreement with the agent/notaire when he/she put it on the market with them saying he/she will accept an offer at full asking price.

The compromis binds both you the buyer and the seller to the offer made and lasts seven days from the day you receive it, but it has to be signed by both parties. If the seller has signed the compromis, he is bound by it and he should proceed to with the transaction. However, you the buyer do have seven days grace to serve notice in writing that you do not wish to proceed.

It sounds like you signed the compromis and then returned to England. The agent probably said they would organise the signing by the vendor and post you the copy. In your absence, the vendor could have received a higher offer. However, it could be a rather underhand way for the vendor to try to get you to go higher - this can happen, especially if the seller if French and knows you are English (no offence to any French reading this). If this is the case and the vendor hasn't signed, you have two choices. Offer more or walk away. I know what I would do, but I am not you!

If you made the offer through an agent, get on to them. That's what they get that fat fee for - sorting stuff out. If you made the offer through a notaire, get onto them straight away and tell them what is going on. Notaires are very highly thought of professionals in France, and they don't like this sort of thing going on and should back you up by contacting the vendor and explaining to him about his dishonourable behaviour!

I do feel for you - just when you thought the sea was free of sharks, up pops one and bites you on the bum!!

If this falls through, don't give up. Many a slip and all that ..........

Andy

PS I am not in any way a legal person. Just been through it myself, bit of friendly advice - but remember - caveat emptor.

Bon chance.

thanks for your reply. Both buyer and seller signed the document we have at home, I don't think it is the compromis. We do have a good agent working for us who is as annoyed as we are about the situation. I do think the French/English thing puts us at a definate disadvantage, I think the people wanting the house are French, plus they are cash buyers and we are definately not!

Anyone got any ideas about the legalities of the rental/liability question?

Suggest you buy 'Buying a house in France' which is updated regularly and go into the differences between long and short term lets and the tax situations and all sorts of other useful stuff besides. Don't whatever you do let for more than six months. It's tantamount to giving away your property as laws here favour the tenant and it can take up to seven years to get them out. Book is available from www.vacationwork.co.uk. My edition cost £11.95 but it may have gone up since then. Don't assume that you will be able to make a living from gîtes as there is a glut in the market. Bonne chance!

I have rented property here and now rent out a house.I have never been worried about fire doors and the such. They would need a lot more tents along the Canal St Martin if all rented out properties had to be up to scratch. There are thousands of French people renting out houses with no bathrooms , insulation or double glazing.

The person selling you the house in France will probably be able to rent it out too. We bought a 'kit bail' in the local 'papeterie' for about 20 euros. A rent book 'quittance de loyer' about 5 euros. You can get insurance in case the person doesn't pay their rent. The person looking after your rental, maybe the Notaire will want two months rent and the insurance would be two months too. So only 8 months left. Please ask if you need any more advice; our house has been rented out for five years now without any hiccoughs. Good Luck

I had five tenants in England, not all at the same time, and basically had no problems apart from speed of turnover and having to ask one to leave. As a friend of mine put it they are 'lodgers'. They lodge and move on. I had a tenant here who turned out to have mental health problems which caused problems for us both and in the end tragedy. He needed to be in sheltered accommodation but, quite frankly with the law being so protective of tenants here, the situation ended up giving me many sleepless nights and I was very frightened and worried. I have not let out the apartement since, partly because I have work to do on it, but also because I want to change the usage. My plans are to let it for the height of the season but that's all. I've certainly found myself living here rather than just existing and it hasn't all been roses.