puddi65

Hi,

We have been told that once we commit to buying a house in France, we must completet fully or not just lose deposit but also be forced by courts to buy, regardless of our Position. Is this true?

Ka Ora!

i have never heard of anyone being forced to buy a house but you will loose you deposit i would ask myself at this stage why would you commit to buying a house and pull out are you looking and need a morgagae because if you do this will be written into the contract and should you not get the loan then the sale stops with no problems however should you commit and pull out on a whim then you will find yourself in problems as this is not done here people commit they mean business

regards

herbie

If you foresee problems with completion, it is open to you to make provision in the Compromis. As visualbyte said, if you cannot raise the funds via mortgage, there's no problem. If for example you wish to carry out surveys, you could make provision that the sale only goes ahead if no major defects are found. Having said this, the Agents usually carry out basic surveys of properties before the compromis is signed and they will go through these with you. For example, the paintwork will be checked for lead, there will be an asbestos check and a termite check. It is considered in France that once you sign the Compromis, you must be serious about buying the house. You cannot withdraw on a whim after this point. Likewise, if the vendor wishes to withdraw, he not only has to give back your deposit but also 10% of the sale price as compensation. The Agent also is not permitted to enter into any other negotiations with anyone else the minute he enters into negotiations with you. This stops gazumping. It's a good system in my opinion and I've just signed my Compromis and am about to buy my 2nd house. Good luck.

puddi65

the problem is that our marriage has broken down just before completion. We know we will lose deposit but they are saying they can force the sale.... any thoughts pls?

herbie

I'm sorry to hear that. I'm afraid I'm no lawyer and this does complicate things. I think you should go and see a lawyer and get some advice. Maybe take someone who speaks good french if you don't or find an english speaking lawyer. My only thought would be, and obviously I don't know your circumstances, to maybe allow the sale to go through and then sell it immediately. You will then of course lose the agents' fees but maybe you got it for a good price. You need to find out which way to proceed that will lose you the least amount of money. Sorry I can't be of more help but I wish you luck.

Ka Ora!

If you pm with your email address i will send you the details of a good french but very good english speaking avocat which is the french version of a solicitor she is based in pamiers in ariege but will give you sound advice and she does a lot of divorces and has good contacts with people that understand that sort of thing

regards chin up speak to you soon

jdr

You can email him by clicking on his username.

Ka Ora!

i know but with something like this i felt thank if they wanted it better to approch me first. Might not need the info

priscilia

they can't force you to buy the house, you may lose your deposit although if the marriage is disolving I can't imagine you would still be able to get the proper funding which should cancel the "compromis" if financing was one of the conditions of completion.

The notaire who handled the "compromis" should be able to confirm all this in 5 minutes!