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 Post subject: The buyers are going to sue us????
PostPosted: Wed Jun 11, 2014 9:16 pm 
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After some advice please - I haven't posted on here for years and just had to reregister...

We accepted an offer on our property back in February of this year. Compromis de Vente was signed on 8th March. We gave power of attorney as we couldn't get across - on our contract it said the final signing would take place on 15th May and that the buyers had to apply for their mortgage by 10th April and have it in place by 10th May.

The buyers have been absolutely awful (estate agents and notaires said they're the worst they've ever dealt with). They didn't even apply for their mortgage until 19th/20th May and finally got confirmation on 28th May. We had already told them that we were going on holiday this month so wanted to complete by the middle of May (as per the Compromis) so we asked for the new signing date to be the 8th July to give us time to drive down to the Charente (900 miles from our home in Northumberland) and clear the property before we signed. They're been very awkward about his but eventually agreed.

We've now found out today that they are now saying they have contractors coming on 24th June to start work and, if we haven't cleared the property and signed by the 23rd June, they intend to sue us for breach of contract. When I questioned the estate agent, he said that it transpires that the Compromis de vente we signed has different dates on to the one that was signed on 8th March - the one the buyers said stated the final signing would take place on 15th June. We are going on holiday in 4 days so we can't possibly get down there in time.

Do they have a case against us? As far as we're concerned, they were in breach of the dates stated on our Compromis de Vente. If they do try to sue us, we're tempted to launch a counter claim against them (or the notaire for not informing us of the date change).

We're sticking to our guns and have told the estate agent (who's been amazing throughout this whole process) that we will still complete on 8th July.

Any advice?


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 Post subject: Re: The buyers are going to sue us????
PostPosted: Thu Jun 12, 2014 6:15 am 
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Location: The Republic of Limousin
You need advice from your notaire (if only the buyer's notaire is involved, get a separate notaire). Your buyers can't take possession or send in contractors unless and until the whole purchase price has been paid and the acte de vente signed. From what you've said, it sounds as though your buyers are trying it on.

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 Post subject: Re: The buyers are going to sue us????
PostPosted: Thu Jun 12, 2014 9:57 am 
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Joined: Wed Jun 11, 2014 8:46 pm
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Thanks Mad, knew I could rely on you for advice. I do think they're just using bullying tactics. It would cost us severahundred euros, if not more, to store our stuff tgen we'd have to fork out for accommodation while we sort it all out. Don't see why we should have to.
Thanks again
Bev


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 Post subject: Re: The buyers are going to sue us????
PostPosted: Thu Jun 12, 2014 5:10 pm 
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"the Compromis de vente we signed has different dates on to the one that was signed on 8th March"

Does that mean you signed two ?


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 Post subject: Re: The buyers are going to sue us????
PostPosted: Fri Jun 13, 2014 11:42 pm 
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Hi Ernie

We signed the Compromis and sent it to our estate agent in France and gave power of attorney to the notaire as we couldn't be there for the actual signing. We just found out that the Compromis that was signed in our absence had the dates of the final signing amended to 15th June as the buyers didn't think they'd have their mortgage in place in time for 15th May. We were never informed of the change of date...


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 Post subject: Re: The buyers are going to sue us????
PostPosted: Sat Jun 14, 2014 6:49 am 
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I'm surprised you weren't sent a copy of the Compromis once it was signed, though perhaps in some cases you have to request a copy.
We have found that the final signing dates written on the compromis are rarely adhered to (I don't think they have any legal standing, despite being on the contract). As Mad said, check with your notaire - your buyers may just be bluffing.


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 Post subject: Re: The buyers are going to sue us????
PostPosted: Sat Jun 14, 2014 7:12 am 
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Dates can be changed by consent however in this case since you neither knew about nor agreed to it I fail to see how you can be bound by it !

Sounds like the Notaire overstepped his/her authority and should have requested your consent before changing it.


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 Post subject: Re: The buyers are going to sue us????
PostPosted: Sun Jun 15, 2014 6:08 am 
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PoAs (necessarily) give very wide powers to the attorney - the beneficiary of the power - including fixing the date of sale. However, it would have at least been polite to let you know (obiously a badly brung-up notaire).

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I've been rich and I've been poor. Rich is better.
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