The suspensive clause comes into play automatically when a mortgage is mentioned in the Compromis. There's ne need to tell the notaire though checking it's been done is essential. The deposit wouldn't be lost if a mortgage was refused what with it being a suspensive clause.
Deposits aren't obligatory (unless the rules have changed) though it does show an intention of goodwill from both parties.
The notaire wouldn't 'weed out' anyone if an offer is accepted on a property. The notaire doesn't usually lose out as he or she will usually charge a fee for 'services rendered' in the event of one party pulling out due to non-suspensive reasons.
Nothing wrong with going directly through a notaire. Bear in mind though that notaires are business people and not all are completely 'honest' in their dealings thugh i'm sure the vast majority are 'legit'.
That's a good idea re the Notaire, Marie-Claire. I hadn't realised I could actually insert a suspense clause in the Compromis that stipulated in the event of a mortgage being unavailable they would lose their deposit. I had always believed that, in the event it is a mortgage purchase, they could pull out (if for any reason they weren't proceeding) without penalty.
So I take it the Notaire would be happy to weed out any potential timewasters on our behalf if we insisted only genuine and ready-to-go buyers were interested? Eg...if approached by a UK couple directly 'off the street' with assurances they are either cash buyers or have a mortgage 'in principle' how would he be able to be certain of their status? There seems to be a growing number of ex-pats taking the Notaire route to avoid agency fees.
My advice is never trust a solicitor that isn't a family member or a very old friend.
Well, I'm in Milan on the 9th of November Roger, so I could pick up the cash for you.
Bad, yes, that's possible as a lot of agencies hire agents on commission only and get rid of them before they have learnt the job properly. Downright dishonest would be rather exceptional as there is too much at stake. In my experience it's difficult to find an agency which specialises in the type of property you are selling, notaires are often better as they advertise your place all over France.
No problem with agencies Marie-Claire, it's just finding one who will do an honest job. There are many excellent agencies who bend over backwards to help but unfortunately there are as many bad or even dishonest ones about.
LBC worked really well for property until about 12 months ago. Putting your house on the market on, say, a Thursday, you could be sure of quite a few calls before the weekend when your property started drifting off the top page.
Now, you put a property on at 5pm on a Thursday ... and by 5.15 it is on page 37 and practically invisible. By the next day it has dropped out of sight.
There is no one like a (good) agent for filtering out the jokers, thieves, tourists and other insolvent buyers.
You do not accept mortgage offers in France, you accept a buyer if the price fits and the credentials appear right. Unfortunately, you can't be sure that the potential buyer will get a mortgage as no bank will guarantee anything before you sign the "compromis" with the notaire. If the buyer doesn't get the money, you're left holding the bag as there is nothing you can do but put the house back on the market.
You can insert a clause in the "compromis" stipulating that if the buyer doesn't get the mortgage, they forfeit the downpayment to weed out people who may not have the income to substantiate the mortgage they need, but this may scare off potential buyers.
Although I know that a lot of people here will disagree with me, I am favourable to agencies as they avoid you wasting a lot of time and energy with people who can't/won't buy your property, you probably need to consult with several agents and select the most motivated. Another possibility is to ask the notaire to put the house on the market.
Good luck!
Now on the market ourselves and wondering if we should go down the Leboncoin route (disappointed in agency), we're wary of accepting mortgage offers..how did you ensure any mortgage offer was fully passed by the bank as capable of going forward and capable of the purchase price, before accepting an offer and going through a Notaire? Any LBC selling tips gratefully received ;)
Yes ... I only posted it here as a warning to others that this is going on. I've recently been reading stories of wads of forged €500 bank notes in escapades like this in Spain. And this is the THIRD dodgy contact I've had since putting an ad on FrenchEntree.
Strangely enough - and I speak as an Estate Agent - it is rarely the buyer who suggests a cash payment but the vendor! And I'm not talking about the French vendors...
This used to be common practice in Cyprus over many years as a means to reduce the cost of the Land Registry fees which were based on the sale price. Anything up to 25% or even more was often paid "under the table". A few years ago the Cyprus Government frustrated this scheme by charging the fees based on the LR valuation of the property or the price whichever was the higher. Since the LR valuation might exceed the actual price agreed (total of the two parts)it became unattractive and, I suspect, has now stopped. The other downside of course was that the capital gains tax was larger as the "input" costs were reduced. Save a bit today and maybe pay a bit more tomorrow!
I suspect the same disadvantage may apply in France certainly WRT CGT so its not as attractive as it might appear even if the notaire doesn't smell a rat which is quite likely as they are well in tune with local prices and values and their prime responsibility is to collect the taxes due on sale and not to protect their "client".
If it is too good to be true then question it. As you question it then the flaws and errors begin to stand out more than what appears lucrative, eventually the whole offer is so shaky it crumbles. I sometimes get the feeling that a great proposition for somebody who wants to make some money would be to design a course for would be scammers. Put up the instructions on how to put together something like this that will get the gullible far too easily, charge a small fee then sit back and do nothing illegal yourself. That closing line that sets out to convince the punter about how serious the offer is takes the biscuit really, as if anybody would put up words to the effect of 'abandon all caution and be prepared to be seriously ripped off'!
If you're selling or buying any property in France your interests will be represented by your solicitor in any case. If you don't smell a rat, he will!
There are so many ouit there but just the style of the letter and all the mistakes in it "stink", nothing's right!
Selling privately is still one of the best ways to go, I've done so half a dozen times (buying and selling) mostly on leboncoin, with no problems at all but loads of dodgy offers each time - you can spot them a mile off but it's a good heads-up for some ;-)
TOTAL RIP-OFF !
DON’T ! This kind of scam specifically target foreigners.
They try to bait you by talking about diamonds, tax fraud etc…
If you want to sell your house, simply go to a well-known “Agence immobiliere” which provides you - by law - very strong protections, and which might be very happy to meet the local British community.
And in the meantime you can give this letter to the local “Commissariat de Police”, just to make them aware.
Good heads-up but nothing wrong with selling privately via leboncoin etc. done so many times with no hassle. Just remember that like most things in life, if it sounds too good to be true it probably is! 
Hilarious!! …The bit about the diamond show room!!
Oooo-er…!!