This is a building discussion point but there seem to have been none for some considerable time so I have put it in ‘General” in the hopes that it gets seen. Apologies if this is not correct. I bought a house in France in March 2024. I signed a work contract with a builder, who owns the site and is the Developer for the whole site. He, according to the contract, was going to deliver the property in late August 2024 and on that basis I came to France. On arrival I found the property to be so far behind completion that we agreed ‘For Christmas’, this then became April 2025, at which stage I engaged a Huissier. We were then aiming for end April 2025 and guess what, he ignored the Huissier and me, making all sorts of excuses. I engaged a Lawyer but he seems disinterested. What should I do?
Firstly can I say, it’s very rare when I see a newbuild that’s done in a way to resemble an older traditional house, so I absolutely salute you on maintaining France’s heritage.
I’m sorry to hear about your problems. Was there anything in your contract that stated what happens in case of project delays? Unless you can get a lawyer or conciliator to help, I’m not sure what more you can do, and unfortunately even with legal backing, these things take considerable time.
Do you have protection juridique with your house insurance, as that would cover legal costs in most cases?
Do you have the possibility of using an inexpensive caravan or something similar, if not on your land, then somewhere nearby to try and cut down costs and keep a careful eye over the development?
Hi Gareth, thank you for your prompt response. The house is a refurbishment of a 1905 building which is part of an estate. Yes there is a clause in the contract but it offers very little benefit in my situation. The Developer has agreed to fund my accomodation and storage costs for belongings in England but after 9 months of promises, broken time and again, I am getting a bit weary. My French dream was to be a fresh start after the unexpected passing of my wife, and I really did feel like I had found a great place, and it is…….but, I am really struggling to see anything positive now in my choices. I am involving the local Marie and hoping that this might help. Thank you again. James
Sorry @Jakel55 can’t really help, but good luck getting it all sorted. Looks like its going to be a fantastic house when finished. Maybe @Shiba can offer some advice?
It makes more sense that’s it’s a renovation, but I still commend anyone who helps restore France’s heritage; I hate to see these old houses abandoned and rotting away or demolished.
This is the sort of thing a lawyer should easily be able to advise you on. If the developer’s cannot justify their delay, then you are entitled to compensation, and a good lawyer would send them a registered letter to pile on the pressure, although I see even with a huissier you didn’t get too far. Is the huissier able to pursue it further?
Waiting to hear. Since she has done all the leg work thus far I have asked her to work with him. Not sure is this type of collaboration exists here, but worth a try.
A word of caution to anyone considering buying from Zed Immobilier, based in Confolens. Thanks again. James
This sets out options for complaining (use deepl if you need translation), and advises on what you need to be recording now.
The important thing to remember about complaining in France is that it has to be done in a standard process. You can’t go to a tribunal for example unless you have taken the first steps.
Have you written formally to them by LRAR - a registered letter with proof of delivery? If so then maybe do again using a huissier. And be clear what you are expecting to happen and by when.
It will work out in the end, and you will get your dream, it just may take longer and be more stressful.
Hi Karen, this is where I have really dropped the ball. There were stage payments identified in the contract at 30%, 60% & 90% with the balancing 10% on completion. All dependant on Architect sign off. I was aiming for August 2024 and the Developer contacted me saying that all of the suppliers for roofing, windows etc close down for the whole of August so I order for the property to be ready for end August he needed my help to place orders in July to have everything available. Like a complete chump I accepted this and advanced money to him. It has become clear that he has used this money to fund other projects he is involved with and has this as a way of working that saves him having to use his own money. I would say we are 60% complete with 90% of the money paid. I have not helped myself in my desire to make my new start. He has varied the contract but in France this may not matter if the contract is what they say determines what his liability is. I think that there may be a case for Fraud based upon his constructing a contract that he knew he never intended to deliver on but again this would have to contested in court and I would hope to not need to go there. I am putting pressure on in every way I can think of.
Hi Karen, the penalty clause it not worth thinking about. At the moment I am the only property owner affected, there might be one other. But I will…….one day, be the first one in. There will eventually be 41 apartments, in the chateau, one other House exactly like mine, due for handover now but way behind, and seven Scandi style houses, all in 37 acres of land. The whole development is advertised by Zed Immobilier on Facebook, French property.com and elsewhere. Their marketing is very good, their sales pitch is also very good, nothing, it seems is too much trouble, except……their delivery. Such a shame. For those interested in looking, the property is in the Loire at Beaumont-Louestault.
I hope you have a copy of his Assurance Deçenelle for which he is obligated to give to you and should have done when you signed the devis for the work to go ahead. From the other side of the fence as having the building firm here, you can contact a Huissier de Justice and they will visit the site, make a report and then officially write to the builder stating the malfaçons, monies paid and so on and give him a deadline to finish the works or it will then go to the tribunal and from there it could escalate in his property having a charge put on it, his works vehicles seized or at least listed by the Huissier as assets. You have a lot of options but it may cost something. As for buying materials and fittings in June/July that is quite normal as the suppliers are practically closed or have no deliveries until well into September (we used to get all our materials before the summer so works could continue). I would also point out that in France it is the norm for builders to have more than one site/job on the go all the time as they have to keep paying social charges so if one site comes to a standstill, there is other work to pay the bills - you are taught this when you take the stage de gestion at the Chambre des Mètiers before you can officially register your business. You can also contact CAPEB the building confederation and make a complaint too and contact the local Médiateur de la République who is a go-between in litigation before it gets to the tribunal/TGI stage and which will cost thousands for both parties involved. Make sure all correspondence is by written letter (not email) and sent by LRAR (Registered post) or it is not valid in a court. I think an official visit by a Huissier might just jolt him, so do that firstly.
Yeah sounds like you’ve got it bang right he’s using your money to fund other parts of the project.
He’ll do that till it becomes less comfortable for him to do that, than to finish your house. I think jjones is right you’d have to take him to court/tribunal. And that process would have to happen within a useful time for you, to have the needed affect. Jjones knows this stuff, I’m a layman.
Have you compared experiences with the other house you think might also be getting the same treatment from the builder?
Thanks Shiba, I have used the Huissier but he has chosen to ignore the report and deadline. I was surprised that having done this the Huissier did not follow up or contact me and she is aware that I have a lawyer. I have also contacted the Marie who issued the works authorisation to make him aware as this is a big re development and has implications for the area. Oh well, C’est la vie.
You can ask the Huissier to forward the paperwork to the local tribunal for a preliminary hearing and they will contact the builder by official letter with a judgement most likely against him. You also need an Avocat specialising in building law, not an all rounder as there are a lot of things a specialist one knows about and can advise you. Then if you engage them, they will the case on and it will go forward possibly to the TGI but let me warn you its going to cost thousands of euros and you may not get any recompense for that money spent. The tribunal can put a Hypothèque on the builder’s property or assets which can only be lifted if he complies and this has an unending date life too.
Would be interesting to know how much of your development he’s sold. If some way could be engineered to get that development some really bad publicity, or provide a credible threat of doing so I’ll bet that would get him moving pronto.
The ideal would be something like a few Fremch families on TV, with children crying and wife in tears because ‘we’re homeless and we paid all this money for a house on [place and name of development] and now our children have nowhere to sleep’ (sob!) with husband looking manly and distressed in the background.
Is the property yours? Do you have tthe right to put up a sign in the window saying I paid €€€ €€€ to [builder] completion due August 2024. Still my house is not completed and i have nowhere to live’ or something… If only you knew a French TV crew.
Serìously, legal will cost huge. Why do I think this builder may have a reputation for this?? Have you found out his history? Someone who’s been in the same situation on one of his earlier projects might have some suggestions.
Did the huissier at least issue him with a deadline to complete as Shiba suggests?
You could also see if someone like Que Choisir or other consumer organisation has produced any info on dealing with this kind of problem. I think some delay is pretty normal as in the UK so you won’t make fraud stick but legally starting the clock on a deadline to be able to proceed on contract breach and who knows, see if you could then claim for extra accommodation and transportation expenses his breach has caused…
I don’t know what can be claimed in F. But it seems everything hinges on following official procedure to get a clock started now to put a time limit on this guy’s non-delivery.
Thank you Shiba, much to consider. I am not sure how far to push this as my pot is not exhaustive. If I thought I might get it back I might go for it but if likely not then I might just have to suck it up. Thank you again for the advice. James
