Hi, thank good ness I found this site! We have made an offer on a French property (which has been accepted) and are due to sign the Compris de Vente on 7th June. Through verbal questioning of the real estate agent, we know that the septic tank does not meet regulations and needs upgrading. We have allowed for this in the offer. On viewing, the agent told us that some repairs were needed to the roof tiles. When questioned further, he was unsure of exactly what was needed. He has arranged for a roofer to estimate the cost and provide a report which he will forward to us. In addition, he has forwarded the Diagnostic reports to us today and having ploughed through them (using Google translate!) there are several âanomaliesâ with the electrics - some of which are actually dangerous. What do others suggest is our best course of action regarding this? Could we, for example, ask our notaire to include ârectifying the electrics anomaliesâ as a Clause suspensive? Any advice will be welcome. Many thanks.
Sounds like you need an estimate for remedying the electrics and a clause suspensive for both that and the roof. I guess, as there might not be time to get a couple of quotes (always try for more than one quote) done you could add something to the effect that if reparation costs more than xxx⏠you will expect the asking price to be adjusted to compensate.
Hi Maura,
There are quite a few threads on here, including a couple of recent ones, where people have asked similar questions.
Personally I would never sign a compromis de vente until quotes for needed basic repairs were in and having (re)negotiated the price accordingly.
Youâd probably find a few of these threads searching on words like compromis and fosse (one particular recurring item of this type).
Indeed. The Compromis can contain however many clauses suspensives you wish to include. But once itâs signed, thatâs it. No further negotiationsâŠ
Thank you everyone for your kind advice.
We had a similar issue with electrics on the diagnostic report, which were marked as needing urgent attention but the real estate agent dismissed the report. (live wires and an open ended conduit close to touching). We refused to sign the compromise de vente as she was not prepared to allow us to renegotiate. But it was OK because there was no pest infestation which seems to take priority over electrics (work that one out)!!!
Did you walk away?
You sign a compromis for the estate as it is. The negociation must occur prior to this signature, including for instance a rebate due to elecrical work to be done. Very few things may invalid the compromis, like pest infestation. For the rest, you are supposed to know what you buy, unless the seller has deliberately hidden a 'vice caché '.
That is true, but the asking price has to be fair for that state. Prior to the DDT it was, of course, the purchaserâs responsibility to analyse the state and fairness of the price - these days the DDT has swung the balance a little in the buyerâs favour.
So, if I spy a nice little bijou of a cottage at, for the sake of argument, 150k⏠and, when i get the DDT it suggests a full re-wire is necessary I might decide the cottage is not so nice and bijou at 165kâŹ
If I donât have the estimate to hand and am worried it will be expensive I can ask to have a clause inserted that will limit my exposure, of even cancel the sale completely.
This sort of thing is fairly common in contracts where not all the details are known up front - and the compromis is just a contract after all.
The alternative is to walk away - and that has to be done sometimes.
I think that you mean few things which come to light later can invalidate the contract to purchase - any clause suspensive which is inserted into the contract can be triggered and cease the obligations on buyer and seller.
For houses, of course, it is usually in the buyerâs interest to negotiate the price and have the work done themselves down because that will reduce the burden of purchase taxes (and the seller is likely to go with the lowest bidder for the work and quality be dammed).
Although anything is indeed possible, the notaire will be reluctant to include qualitative âclauses suspensivesâ, because they may be subject to complicated appreciation later, like electricity renewed to standards, roof repaired, etc⊠They prefer to stick to standard compromis, and will generally include a clause stating that the buyer has been able to evaluate the state of the estate that he-she buys.
In which case the buyer has to decide how badly they want the house.
One might gain the impression that the Notaires donât want to work much for their money though, which is completely different to residential property work in the UK.
You have the diagnostiques before signing anything - so it would be weird to have a clause suspensive that relates to electrics - you know whatâs wrong before signing.
Yes, and that would normally give you room to say âhang on, I need a devis for thisâ
But the OP has only been given 10 days (28th May to 7th June) to read through the DDT and sort any necessary devis - if sheâs making a trip over from the UK it might be reasonable to sign the compromis but with some caveats built in, in case the devis brings a nasty shock.
@MauraChambers1
Having read this thread from top to bottom⊠here are my thoughts/adviceâŠ
Frankly, when someone tries to push me, I tend to dig in my heels⊠especially if it involves me spending money⊠
I would NOT be prepared to sign anything until I knew reasonably well what expenses I was undertaking.
I reckon itâs better to tell the Immobilier/Notaire you wish to delay⊠than to find oneself signing the equivalent of âa blank chequeâ (unless you are in-love with the property and money is no object).
You are not forced to sign right now⊠so why not delay until you have all the facts.
This will not be the first time a Notaire is asked to delay the signing⊠it is quite a common occurrence (at least in my experience of recent sales in my area)
First⊠get the devis⊠then discuss with the SellerâŠ
then decide whether to sign the Compromis or walk awayâŠ
best of luck whatever you decide
Thank you. Iâm waiting for quotes. 