jvc

We have used a very good Notaire for the purchase of a home. However a written agreement was drawn up between both Notaires, the seller and us, as the seller was offering to repair a problem with our pool....a minor problem but never the less he volunteered the info, and said he would sort it. He has sent emails saying he is struggling to get the pool man out, as he is busy
However, he was given a month to do this and this was September. The usual thing....our Notaire has his money, so this is low priority to him, and despite emails and letters nothing is getting sorted.
Can we do anything to gee this man up? It is a minor issue but never the less want it sorted and want both these Notaires to pull their finger out. It was far too minor to halt the signing of the Acte de Vente.
I have contacted the Law Society in the UK about a solicitor there once, with good effect, and see they also cover Europe. Does anyone think this is the best plan of action? One letter chasing this up has done bugger all basically!

Chatter Static

No doubt pool people are going to do other things in the middle of winter so getting hold of one might be harder. I certainly wouldn't use a UK solicitor for an issue here as you will pay through the nose for it. Contact a Avocat a stern letter from one would cost about 200 Euros and make a difference we got a hotel stay refunded on the grounds of breach of contract with a letter from our Avocat.

jvc

OK thank you. It is a law society we were loking at, not a UK solicitor. Teh Law society act for clients who have problems with their solicitors, and they also seem to act for clients in the EU too. I will look itno what you are saying a little bit more on the web. Any further info you have on this would be good.

Chatter Static

The Law Society would have zero jurisdiction here especially over Notaires you would have to contact the relevant authority here they could at best be a go between for a professional here.

jvc

Well we managed to gain back a few thousand pounds from a company in the UK through the law society It's the society governing the Notaires here that I need to find out about. Thanks anyway

Chatter Static

We had to have an inspection hatch put in for our drains in the drive a couple of weeks after we moved in due to a blockage and managed to recoup some of the money although we negotiated through the immobilier.

jvc

That's good. When do you know though when you can recoup the money, as property in France is sold as seen?

Chatter Static

It's hit and miss

dmu

The French equivalent of the Law Society (pertaining only to Notaires) is the Ordre des Notaires de France or Chambre des Notaires:
http://www.notaires.fr/notaires/xpag...rig_page_id=72
will give you your regional Chambre if you enter your département.
However, be very careful about "reporting" your Notaire for being slow. At the end of the day it's not his fault that the "pool man" hasn't done the work and not his mission to ensure that Contracts are executed. You'd do better to hassle the vendor and threaten to consult an Avocat if you don't get satisfaction...

Chatter Static

And when sending them letters don't forget to use "lettre recommandée avec accusé de réception"

jvc

Fair point DMU. It IS the Notaires fault though of he is not chasing up and complying to written agreements authorised by him at the time of signing the Acte de Vente. I have emailed the Vendor again yesterday. He is well known in the village for his profession, so is not in his interest to be difficult over this. I feel we need to write something else to the Notaire though, as letter number one has not produced anything useful.
Also, I am aware of avocats, although not in full understanding of this, but is this the equivalent of a small claims in the UK, over minor matters.....except you don't go to court? It still seems as heavy handed as a Law Society equivalent?? Also, we are likely to be out of pocket if we use an Avocat aren't we, which will no doubt be the cost of the pool repair?? If I mention an Avocat to my Notaire, what is his reaction likely to be?

dmu

As mentioned by C-S, did you send your letter by LRAR? Send a photocopy of this first letter with a covering note, by LRAR, and if it doesn't produce a positive result and the Vendor hasn't reacted positively, then make an appointment with the Notaire and Vendor for a face-to-face meeting. It's a serious matter, reporting a Public Officer just for being slow....

jvc

I didn't send it Avis de reception this time no. Can the Marie do anything? Just a thought as when we met him a couple of weeks ago he was keen to know we were happy with the house, and that the vendor had done what he needed to concerning the sale/purchase.

Chatter Static

It's not within the Mairies remit but they might have a polite words if the seller has remained within the commune. But I would resend the original letter but using the "lettre recommandée avec accusé de réception" you will probably find they take a bit more notice as then it means you know the system a bit better.

dmu

Do you mean the Maire (Mayor), or the Mairie (Town Hall) in general? If the Maire knows the Vendor personally, you might be lucky. But the Mairie would say it's a private matter...
You're right in guessing that an Avocat's fees would probably be more than the cost of repairing the pool - the case wouldn't necessarily go before the Tribunal d'Instance, your Avocat could negotiate an amicable settlement (but you'd still have his/her fees to pay). Don't forget that the French legal system is different from the UK system....