Hi folks, I’ve just signed up. Really hoping for some advice!
Lived in France nearly 15 years. Anyway, sold up down south, now in Normandy.
So had to get roof terrace repaired in old house, before completing sale, September 2023. Used registered Franch builder, recommended by estate agent. Cost nearly €4,000.
The buyer finally moved in February this year. The roof terrace repairs had failed. The ceiling underneath had partly fallen down! So his work lasted 6months!
Yesterday we received registered letter, the whole nightmare has begun, with threatening court action ect.
It’s making me feel ill. I’m not sure what direction to go in
Any advice would be welcomed.
TIA
I can’t say whether your terms of sale make you liable or not, as I’m not party to that
However, it sounds as if the builder is ultimately liable & such an issue will be covered by their professional assurance. If you didn’t pass on the facture for the work as well as evidence of the builder’s assurance then now is the time to do so.
Bit more info needed really.
The builder’s work should have had a guarantee which passes to the new owner. Before sending a threatening letter you should have at least received some notification that there was a problem so you could deal with it amicably.
We often had to give Notaires a copy of our deçenelle insurance and the invoice for the works completed when our clients sold up so that the new owners had continuing insurance cover. The OP should send all his invoices/original devis (copies only) and insurance details to the new owner showing that the work was done by a professional with his SIRET and TVA numbers and send by LRAR as in litigation, only correspondence sent this way is legally acceptable - ordinary post does not comply and I know from having to deal with such things. In cases like this, the OP should not be threatened by letter, the new owner should engage a Huissier de Justice to do a report which then should go to the insurance company or if further action asked for, the local Tribunal de Justice who will make a court order to the artisan to repair or reimburse etc. Court action cannot take place just like that, several factors have to happen first so take no notice and send the relevent paperwork off. If your builder was not legit, gave you no official invoice or insurance details then I am afraid, you may be held responsable for not using a proper artisan.
Hello @StanBla200 and welcome to the forum.
Why not have a word with the Notaire who handled the Sale.
Presumably he took the details/invoice copies of the work done for the Sale… in September 2023.
and I would have thought your responsibility stopped there… but the Notaire will know.
You say the Buyer finally moved in in February 2024, some months after the Sale.
I’m wondering what happened to the property while it was empty.
Anyway… the Notaire will certainly be able to look at the letter you’ve received and advise you how to proceed.
If you’ve done everything correctly, I can’t see that this is your fault…
best of luck.
Thanks Stella.
Got a busy week ahead!
Envoyé depuis l’application Mail Orange
Thanks for this. The builder was registered with Siret etc. actually recommended by immoblier.
I have copy of his devis and facture, as indeed,does the new American owner!
I’m awaiting response from new owner and builder, after having responded to her initial correspondence. It’s been 3 weeks.
Sit tight, you have done all the right things. If they do not respond, a judge would take a dim view of them and the builder would be in deep poo if he has no current insurance which should cover his failed work, if that is the case. Years ago, a nasty client tried to blame us for really bad work done 15 years BEFORE we even arrived in France, once pointed out by the lawyer they went to see, not a foot to stand on and the previous builder had retired years ago so not liable anymore under the ten year guarantee. People will try and scam others for anything thesedays.