We lived in France as a family for 15 yrs. We sold three cottages which my husband built after we relocated back to the UK.He sadly passed away in 2022. He didn’t have the 10yr insurance but the buyers, estate agents and Notaire all knew this. Now I am being taken to court and held responsible for the problems which have occurred due to problems with works carried out by other artisans. My husband built the cottages ie. the brickwork but the plumbing, roofing, joinery etc was done by artisans French and English. I have been told as I cannot prove that I and my husband did not partake in this work I will be held responsible. The notaire is holding almost 100000 euros from the sale of our house and the original quotes for the works to the cottages is 10000 euros I offered this but now they want compensation. I will be given a judicial sentence and further costs. I cant believe it. If this is French law then its so unfair. I know my husband should have got the insurance but I was not involved in anyway. The notaire should not have been allowed to process the sale knowing there wasn’t any insurance and the buyers must take some responsibility as they new and were given the option of a survey. As my late husbands widow should I be held responsible? I really don’t know where I stand. I have a
solicitor in France but I don’t know how good he is, everything he feeds back is negative. Has anyone else been through this. Any advice would be so welcome. Thank you
24th April 2024
Hello Jeanette,. This sounds dreadful.
Have you copies of the invoices from the french and english artisans that you refer to?
Is the 10 year insurance mentioned in any way in the sale documents?
@Shiba So a widow who was not involved at the time her husband undertook the work does not deserve sympathy? Sounds like you have had a hard time yourself, but nevertheless based on what we have been told your response is not appropriate.
In view of what you say, does that mean that the only way that @Jeanette can get out of this is to refuse the inheritance? In which case it comes down to a calculation of the greatest, or lesser, loss. Or does it not work like that?
Thank you for your feedback and I am well aware of his mistakes. It was made clear to the Mairie, Notaire and estate agents and buyers. They were offered the choice of a survey being done. He was very transparent with all of them. The cottages were sold 7 yrs after the initial build without any problems as they were rented as holiday lets. He did not intentionally break the law and do not take your bitterness out on me. We ran a successful legal gite business for nine years and paid our taxes etc. He was ill advised and considering I have offered to pay for the repairs from the original assessment they have had but they want compensation I think there is a bit of greed there don’t you. I joined this group for advice as I am at a loss so don’t judge me you don’t know me. Maybe switch it around and see how you would be.
Seems the way of things these days but surely, (I dont know) how would compensation be monetrised? Have they suffered losses of personal equipment? Had to move out whilst works were carried out? Stuff of nightmares really.
It could depend on what régime matrimonial you have. I think someone (@JaneJones?) posted that a marriage done in the UK is regarded as a “séparation de biens” marriage in France(?). If so, I shouldn’t think you can be held liable for your husband’s debts.
I haven’t a clue, but it’s just a thought!
Why do I think this is a scam in which somehow an official party who should remain neutral, is not neutral and could even be somehow involved?
It sounds as though you have given full disclosure so no vice caché. It sounds as though you told everyone including the notaire “sold as seen” at the time of the sale (I have forgotten the French phrase for it) so notaire shuld have made sure docs and comms reflected this.
We have a newish widow (I regard 2 years as newish) who isn’t French, not speakng perfect French? who is now alone and no longer a young lady most probably. And now suddenly late in the game, all this is coming out of the woodwork on a fully disclosed basis sale, in these threatening terms? This does not sound right, it feels like deliberate intimidation of someone vulnerable, hence I am wondering what is really going on here.
Would it make any difference to let 10 years pass, rather than 7, before selling?
Is it too late for you to take the sale off the table , wait a bit, maybe at least 10yrs since works if not too long away, and switch notaires? There can be dirty dealing in French property selling. Are the buyers business people or a family saying wanting to use the properties for a gîte too?
Talk to an Anglo-French solicitor in the UK, this is one situation where I think that you might benefit from sound advice in English from someone who is unequivocally on your side.
That said, there are companies to avoid, some searching of the forum might help identify them.
Thank you. I will try and find out more. I have researched and researched and not getting anywhere. Thanks
It was one of my thoughts too. If you offer something and then they bite the hand, stop the sale.
this really does sound like a horrific situation, so let’s try and break it down into
bite-sized advice…
@Jeanette needs to get together all documents possible… write a timeline/note of what happened and who said what… etc etc
then find a legal person to handle the case…
The rest of us must take the warning on board… and ensure that all work is covered by Insurance OR do not sell the place for 10 years…
Whatever… disclose everything and get everything agreed in writing (in great detail)…
best of luck @Jeanette
The cottages were sold in 2018/2019, after being constructed in 2013/2014. My husband passed away in 2022 and then the court summons started arriving for both of us even though they knew he had passed. I am now apparently solely responsible for all of this. They had been through inclement weather before being sold with no problems, but once they were sold the owners started saying things were going wrong exactly the same in all three cottages. Just so frustrating that I can’t find answers to my questions.
Were you actually part of you late husbands business? Sorry I can’t help as french law is different but If you were not “on the books” so to speak it does seem strange you can be held responsible.
Ah, I might have mis-read your original post - when you said “We lived in France as a family for 15 yrs” I took it to mean you are back in the UK.
So a UK firm might not be appropriate - but it still sounds as though you need your own representation. Not sure as the French system is very different to the UK one, but other SF members might be able to explain what you need to do to get someone on your side.
I’m not sure I understand the time-line
So, 5 years after being built - rather than 7 as you mentioned previously.
From the sale 5 years ago??
What faults are claimed?
If the claims started in 2018/2019, what was happening in the 3/4 years up to a court summons in 2022, what has been happening since?
This must all be very stressful for you.
Some info here
and here
Seems you can claim against a builder for 10 years - no need to prove the builder was at fault but there is a “sliding scale” of expectations in the first year, two years and thereafter.
It’s France, I can believe it even if Jeanette was not involved in the business in any way.
Probably liability is unavoidable - but the degree of liability could be mitigated.
Presumably, as any claim has to be within 10 years.
So Mrs Macron would step in if husband dies 
Doubtless, though M Macron’s 10 year liability comes to a strict end in 2027.
I think you won’t like what I’m about to say but I see no reason in sugarcoating things - especially when they are this serious.
My advice: expect the worst. Your husband broke the law by not having the insurance. He and you built and sold 3 properties, so I would be very surprised if he would be considered as having done so as a particulier - which would have limited his and your liability and avoided the risk of a large fine and potentially a custodial sentence.
I think this also explains why the notaire has withheld €100k despite you saying the reparations would cost €10k. The fine for a professional builder who is found guilty of not having insurance is €75k. If I were you, I would be asking my avocat whether they think the fine will be issued just once or three times considering three properties were built and sold without insurance.
You say the notaire shouldn’t have allowed the sale without the insurance in place, but I would counter that by saying that it’s not the notaire’s responsibility to ensure your husband and you were not breaking the law.
You also said that the buyers knew and had the option to have a survey done, however it is a legal obligation for your husband to have taken out the insurance… I’m sure you’ve come across the phrase “your statutory rights are unaffected” before.
Lastly, I understand why you think the law is unfair but that doesn’t change the fact that the law was broken by your husband and there are repercussions for having done so. The law is there to protect consumers. The penalty is there to dissuade people from flouting the law. Your husband either took a gamble that has backfired or he failed to inform himself of his legal obligations.
As I said, expect the worst. Hopefully you’ll come away from this better than you expected.
You may also find this site has some useful information…