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promesse de vente instead of compromis?

Posted by ingetje - Created: 3 years ago
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10 replies (Showing replies: 1 to 10)

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Posted by ingetje - 3 years ago

geegee, its actually the other way around of what you say :)

with a promesse we can pull out anytime but will loose the deposit (same as with a compromis) but with a compromis the seller can then force you to buy and go to court, with a promesse they cant force you as it was just a promesse for a period of time.

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Posted by geegee42 - 3 years ago

I can see now what it's all about, compromis if you pull out then you lose your deposit, promesse De vente you are forced to buy regardless, its more of an advantage to the seller than the buyer, I like the bit about problems can occur if the buyer dies before completion, I personally think I would insist on signing a compromis and getting a completion date, especially if all the sellers are in agreement on price, from what I can see its something that's set up for developers rather than individual private buyers.

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Posted by ingetje - 3 years ago

I know its not a deal braker but it gives me a bad feeling about the notaire trying to get more money from us...and notaires dont get 8% fee like agents do btw!

this is the reply I got from the notaire today:

Par le présent courrier, je reviens vers vous pour vous informer que le coût d'une promesse constituant un surcoût par rapport aux frais habituels, est de 27 euros HT. Les droits d'enregistrement pour le trésor public sont de 125 euros.

La promesse unilatérale de vente présente des avantages indéniables tant pour l'acquéreur que pour le vendeur, le choix d'abandonner le compromis de vente résulte, pour l'essentiel, de raisons juridiques.

 Vous bénéficiez, en tant qu'acquéreur, de l'authenticité dès l'avant-contrat et de toutes les garanties attachées à cet acte.

I guess we are just having to go with it as we dont want to waste any more time by having to find another notaire etc.

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Posted by Melou - 3 years ago

It looks to me that the problem may well lie with the fact that even though the sellers instructed this notaire to sell the property, they then did a private deal and cut him out. So the notaire has lost an 8% fee - and maybe he's just trying to make a bit by other means instead . . . . either way, if you are so confident the house is "very cheap", €180 isn't honestly a deal-breaker! 

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Posted by geegee42 - 3 years ago

Anyway if it doesn't involve the notaire as sellers agent and he is only doing the legals, you are employing him and paying him for his services so choice either way should be yours.

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Posted by geegee42 - 3 years ago

I agree, its a promise to sell the property to you at an agreed price but it looks like it could be open ended and depending on circumstances you could be left hanging for an unacceptable amount of time, whereas you know basically where you are going with a compromis, and it looks like the notaire might expect 10% up front either way.

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Posted by ingetje - 3 years ago

because its a wast of a 180 euro for something that is not needed! we dont want a promesse we want a compromis and asap an acte de vente and move in to the house. why pay 180 euro for something we do not need or want and can do without if we can just sign a compromis like usual?

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Posted by Busterboy - 3 years ago

I dont see why you dont go with the 'promess' !!

You say its really cheap so an extre 180e to register the act isnt anything!

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Posted by countrydweller - 3 years ago

Ah I did not know you knew the sellers and everyone wanted to sell.Personally then I would go to the notaire with the seller and just tell him/her to do a compromis de vente or you use another notaire

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Posted by geegee42 - 3 years ago

I think I would approach another notaire see what they say, you don't have to use the sellers notaire and they split the fee, what do the sellers think about it all.