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advice needed on dodgey house sale.

Posted by 007helen-182944 - Created: 16 years ago
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5 replies (Showing replies: 1 to 5)

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Posted by lynnettejane1 - 15 years ago

get your dad to tell them to shove it, there's always somewhere elselynnette

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Posted by lynnettejane1 - 15 years ago

get your dad to tell them to shove it, there's always somewhere elselynnette

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Posted by Jan-181414 - 16 years ago

Are you sure this is the home owners demand for more money and not just the agent being greedy.Jan

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Posted by legend_in_my_lunchtime-182603 - 16 years ago

Yes - all of what stgeorge says in previous reply plus I would pay particular attention to what was signed as a "compromis de vente".

Gazumping does not happen in France entirely because of the very fair system imposed by the "compromis".  Basically it is an OBLIGATION on the part of the owner to sell at the agreed price and an OBLIGATION on the part of the purchaser to forfeit the deposit if the sale does not go through (except for reasons covered in suspension clauses).

If your Dad has a signed compromis, then hit them with the law.  You will win.  If he didn't have a compromis, then I'm afraid you have the classic "owner with cold feet" syndrome and you need to work on their sense of fairplay.  Maybe the agent would help in this but you need to use your own judgement - are you ready to lose the purchase on a point of principle?  Is the property worth anything more than the originally agreed price?  Are you ready to re-start the search?  In any case, keep your cards close to your chest and let the agent know very clearly that you are ready to withdraw your offer if you feel you are being strung along.

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Posted by stgeorge-182529 - 16 years ago

What sort of Formal Offer to purchase have you actually got ?

Have you got your own Notaire ? (Who is there to look after your interests , specifically to prevent this sort of nonsense !! ) You will have to pay a Notaire anyway , on top of the purchase price ,the percentage varying between 3% for new property and 7/10% for older property ; contrary to popular thought, the Notaire only keeps a minor portion of this sum as his fees for the transaction, the remainder goes to the Government.

This sounds like the classic Estate Agent scam - i.e. getting a commission from both parties !!

Next your going to tell us that you have also taken the Notaire recommended by the Estate Agent ?

Gazumping doesn't really happen in France , only rip-offs !! If your father has not handed over any deposit yet , (which seems unlikely) you should withdraw your original offer and see what happens. If a deposit has been handed over, the extra sum being asked for merits the attention of a lawyer recommended by an independant Notaire in the region of the purchase.

Last but not least ,is the Estate Agent a member of FNAIM ?

 

stgeorge