My buyers have pulled out of the sale very late in the day. My notaire will “convoke” them and give then 3 weeks to say “yay” or “nay” after they have been informed they will lose their deposit.
The notaire has told me that the buyer must also agree to relinquish the deposit to me and that I should see a lawyer as I may have to take them to court.
I have never heard of this and understood the compromis in itself is a security for me (the buyer) and should be dealt with by the notaire
The Notaire is not a avocat and AFAIK has no right of audience before a Judge in the French Courts which is why he suggests engaging the services of one. His rôle in property transactions principally is to ensure the correct tax is collected and paid.
I presume the buyer did not hand over the cash for the deposit and that it was placed on trust that they would complete the transaction?
If they don’t honour that undertaking you have to pursue them through the Courts.
The notaire has the deposit
When we pulled out of a sale late in the process we had to sign a document and the deposit which was already held by the Notaire was given to the vendors.
was this form to say you reliquished the deposit to the vendor?
Was it the full 10%? Why would the Notaire suggest a lawyer to you if the have the full deposit in their possession? Have you suffered additional losses which you seek to recover?
Yes 10 percent. We require just the deposit.
Then IMO you should ask the Notaire why he suggests you need the services of a lawyer.
AFAIK, the deposit is the only risk placed by the buyer so seems bizarre unless I’m missing something.
I think maybe she means if they dont wnat us to have it as she says they must agree. But they will not get it back anyway. Makes no sense to me at all.
IMO they signed the comproms knowing that they would lose it if they pulled out
Just a thought…
It might well be that your Notaire has told you the “worst scenario”… and things will actually/ more than likely follow through without hiccup.
A Brit complained to me that a garage was trying to “take him for a ride”…
I only wanted them to change xxx… yet they insist on doing xxx, yyy, zzz as well…
As it is a garage I know well, I checked with them…
Seems the garage had pointed out that in changing xxx other things might well come to light, which might/would need doing as well… and they wanted to warn the Brit…
The Brit had not understood… and simply thought they were rip-off merchants.
Then only if they can show that the contract has been frustrated in some way perhaps meaning that the contract cannot be performed by either party for some external reason (like Covid-19 for example).
It is established that they will not get it back there are no force majeurs. What I am asking is if anyone else has not had a straight forward return of deposit without taking legal action as I have never heard of this.
Yes à form was signed by all
If you have kept a copy of this form would you know what it was called?? Thanks
Résiliation Amiable
And if they don’t sign it, I can only assume that the notaire is duty bound not to pass the deposit on to you but to continue to hold it and leave it to the courts to decide.
Was there a force majeure clause in the compromis du vent?
notaire says they have no right to pull out wihtout forfeit-i am wondering yes if this is what she meant if they don’t agree to us having the deposit
That’s favourite in my mind just now.
You don’t give their reason for pulling out - is there a suspensive clause that may need to be settled by a court?