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This topic contains 23 replies, has 11 voices, and was last updated by  Fitter 6 months ago.

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  • #431026

    Andrea Turner
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    need to talk to someone who knows the legalities about people buying house blocking our funds for bogus problems and notaire  not verifying they are true – they aren’t by the way but I am being penalised

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    #431036

    Cheekiweeki
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    Need to know more details – but going up against the system over here is tough….  especially against  Mairie’s and Notaires – we have been through the mill over the past 6 months over trying to sell land that we hold a Permit to Construct and a Permit to Transfer to a buyer. However, at the point of signing the Compromise we lost the buyers because the dept of Agglomeration and or the Mairie couldn’t get their facts straight, first of all denied us the right to transfer because the Permit was expired – after 10 weeks it turned out that they had not seen our Permit but were looking at an earlier and expired Permit. We then went on a jaunt of another 18 weeks of going from pillar to post, (daily!) depending on whether we talked to our Architect, the Mairie or Agglomeration – we could sell, we couldn’t sell, we could only sell after construction, we would have to sell our house and the new construction together and not allowed to separate the land on which both are built. Absolutely crazy stuff – and has driven us next to insane,  about six different sets of forms by 15 (at least) pages each, all of which turned out to be the wrong forms.  So we wish you well but your situation seems different to ours – and only outlining ours so you can see the problems without litigation  –  Here is a post I copied from a current Facebook conversation about burning bonfires……….

    I have a horrid farmer neighbour who burns tyres – I’m afraid I’ve had so many confrontations and been to court with him – now I say nothing – last confrontation cost us 2,000 euros in court fines – so who can help me? We even tried the police ref. Environmental pollution – they just made a quick call to him – no one was prosecuted – one law for farmers – another law for us poor mortals”

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    #431058

    Blue velvet
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    I’m so sorry  for  both of you ,  Andrea I had no idea your having such a dreadful time.  I hoped you were skipping around Wales  :heart:

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    #431076

    Fruitcake
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    Oh Andrea like Blue I thought it was all done and dusted! Sounds a nightmare!

    Are you getting there now with yours Cheeki?

     

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    #431129

    Cheekiweeki
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    I’m so sorry for both of you , Are you getting there with yours Cheeki

    Not really – Only last week the last ‘instruction’ from the Notaire after she spent 10 minutes talking to the Agglomeration person on the phone …………

    (The first problem we have is that the plot of land on the Permit is larger than we want to sell but we can’t reduce it (750m2) or reduce the house size (140m2) on the plot. Therefore we have to sell 750m2 and have the arrangement to buy back roughly 250m2. The complication though, is in actually selling the plot because at the moment we are not permitted to separate it from the land on which our present house is.)  So, if we want to sell the ‘plot’ we have to sell our house too.

    However, this is what the Notaire now tells us is the solution………………….

    1. We get a buyer and at the point of going into the sale procedure

    2. We have to ‘gift’ the plot of land to a relative or friend.

    3. Buyer goes through the sale and pays the relative/friend for the plot of land.

    4. Relative/friend pays us back the money for the plot.

    5. Have a Geomet to measure off 250m2 of the sold land and re-establish our boundary with the new neighbour. Depending on our arrangement we will then pay the buyer for the piece we take back.

    Have you EVER heard of such a convoluted idiotic way of doing business?!

    Personally, I don’t see it happening. All land in Plevenon has been zoned as Agriculture and only a few places like ours has land for construction, close to beaches, Cap Frehel etc. Not over-run with holiday homes but desirable for a house.

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    #431137

    marion
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    I get the impression from your post that the buyers want you to reduce the price or pull out of the sale without paying any penalties. Unfortunately unless you are ready for a long legal battle you are on a highway to nowhere.

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    #431144

    tigre
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    Andrea,  contact the Connexion newspaper, they may be able to recommend someone, or take your case up.

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    #433381

    Andrea Turner
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    No Marion the buyers do not nor can they pull out as the final contract has been signed .

    what happened was that I stupidly let them move in early to save them money  but the day they signed – they had defaulted twice due to a medical problem with the husband- they accused me of breaking the contract so they could legally block my money from the sale However I hadn’t but the notaire didn’t verify if what they said was true or not. I told the notaire that yes the work had bee carried out back in June and they had the receipts and guarantees as not only had the back kitchen roof replaced but also 2 windows by the same company . Unfortunately my copies are in a carton that the removal guy took even though the box was marked car as I was taking them with me and the removal guy says he cannot find that box as under others

    The notaire has taken no notice that I have told him the work was done and actually how much I paid .

    Niw I am waiting for a copy of the cheques I wrote out paying for the work as proof . The roof was shingles and is now zinc so a great difference in materials.

    we also had a roofer come round to give us a Devis and he also saw the new roof so hopefully he will verify for us to the notaire that yes it has been done.

    I also sent the notaire a letter recommendé which he has totally disregarded. The notaire released some of my money but kept 10% which us far more than it would cost to have the roof redone !!!!

    the new owners also tried to claim there was a major leak in the main wall in the kitchen/diner so they had to take all the plasterboard off – oh yeah they had forgotten that they had told us that they were going to demolish that wall ASAP to make the rooms look bigger / open plan so they have dropped that claim funnily.

    now I am having to fight to get the rest of my money so looks I’m going to have to find the money to get over to France for a meeting plus a meeting with an huissier as mean to fight them for every penny owed to us .

     

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    #433389

    tigre
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    What an awful situation, Andrea. Can’t you ask the company that carried out the work to fax over copies of the final bill to the Notaire and also confirm that you have paid them?

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    #433393

    Anonymous
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    Poor you Andrea  :rose:

    My house is on the market, so please wish me luck!!  :yes:

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    #433400

    commandomum
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    Have you got Protection Juradique (spelling) with your French bank- as that may help you

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    #433423

    Blue velvet
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    Andrea I am so sorry you have had so much trouble with your buyers . You have been so honest and trusting and that has come back to bite you.  What horrible people , they sound real con merchants.   Do everything you can to get your money !   Dreadful !   :heart:

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    #433556

    Andrea Turner
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    Tigre the problem is that I cannot remember 100% the name of the company that’s why I have asked the bank for copies of the cheques – wrote on the stubs – windows / roof .

    my copies as I have said are in storage.

    they have the originals but claim not to .

    Never thought to ask the bank if we have Protection Juridique – will ask Friday when I’m back at my sister ‘s .

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    #433558

    tigre
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    Good luck, Andrea, let us know how you get on.

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    #433563

    commandomum
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    Andrea if you have internet at the moment have a look thru your past bank statements and you should find some reference , annual or monthly payments you would have made to the Protection J if you have it – possibly even phone the bank to find out and they would let you know. It is invaluable to have access to this as it can possibly help provide legal help to point you in the right direction and to help you try to sort this out. I hope you find a positive solution to this soon

    Let us know how you get on please- thinking of you x

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    #433571

    BartyB
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    If you have a goog idea what the building company were called or what the owners name was have a search around on https://www.infogreffe.com/ and you’ll probably be able to find out the exact name, address and contact details

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    #433590

    Fruitcake
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    Oh Andrea, how awful that you have happened upon some really unscrupulous people and had your generosity thrown back in your face! I would have done exactly the same as you as far as the cheque stubs were concerned and why would you think you would need any of these details as, on the face of it, the deal was all done and dusted. Stick with it though and don’t let them win the day. You could well do without all this stress after everything you have gone through, I’m so sorry you’re having to deal with all this.  :rose: :heart:

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    #433686

    Cheekiweeki
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    So sorry to read of your dilemma Andrea – as said above, these people are horrible and unscrupulous.  It is no wonder people hesitate to help others or be generous to those in need – there are so many con artists about – wish we could help but you will get support and information here at United.  Best of luck getting all the documentation and info that you need.

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    #443908

    Andrea Turner
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    Just to let everyone know that this is still on going.

    My daughter rang the woman up and she told her that they were blocking our money – still 10% – as the cost of doing the work THEY wanted to do was costing them more !!!! My daughter replied that as the work was done nearly 20 yrs ago ( 20 yrs on the 31st January 2019) I couldn’t be held responsable for that work , she reluctantly agreed. No mention of the roof. Then I get an e-mail from the notaire who hasn’t answered one of my questions stating that all they wanted was a copy of the receipts for the roof after I have told him time and time again they have them and that my copies are packed in a box and I cannot remember the name of the company.
    I have asked the bank several times for a copy of the cheque we wrote to pay some of the work pon the roof which should have the company name but todate they haven’t sent me a copy – hope so soon. I tried to get the Banque Postale to send me a copy of the cheque I wrote for the last payment for the roof but they say I have to write a letter asking for a copy – letter been in the post since before Christmas!!!
    I have threatened contacting the mediateur which they ( the notaires) think is an idle threat but have the letter written just have to get my daughter to check my google French then off it goes recorded delivery.

    Hope this is resolved soon as now found a house and my offer has been accepted and really need the rest of the money to help pay for work I want done ( and need) etc

    Happy New Year everyone  :rose:

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    #443914

    commandomum
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    Any luck with finding out if you have Protection Juradique

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    #463248

    Andrea Turner
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    Thank you for all your thoughts etc

    Just to let you all know that I found the telephone number for the company that did the work – looking back at last years calendar for dates to put on this years – very late – and there it was on top of June !!!
    My daughter rang up for me and we now have copy factures. I sent one copy to the owners ( recorded delivery) and one via email to the notaire.
    After not hearing anything I received an email from the notaire that the money should have been transfered yesterday !!!
    So we should then be able to close that book and look forward to the future.

    Life is still complicated as should be completing on a house in South Wales on Friday but my solicitors only sent me the restricted covenants last week and even though I have been queerying them since they have never done so with the sellers solicitor. Still not done so as have just spoken to her – too much grey area for me to agree to sign. It is an ex-council house ( didn’t know this before) and so there are quite a lot of restrictive covenants which may or may not adhere to me.
    Just waiting to hear from a lady at Powys council so will know more then.

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    #463282

    Fruitcake
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    I’m glad that you have closed one book Andrea, only, it seems, to have opened another, this time in Wales!  Hopefully that won’t be quite such a long book. Good luck!

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    #463309

    officer crabtree
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    So basically you needed to prove that the work you said you had done was done and that there was still a guarantee on the roof by producing a bit of paper Any notaire would have requested the same  or if you could not produce the bill then they would expect to see an insurance policy in your name THis is because so many expats have done awful DIY jobs or have used unregistered Brits to do the work that is often found to be substandard When I sold my last house in France I had had the roof done and the timbers treated The  notaire required all the paperwork and it went through without a hitch Bits of paper are important in France

    Lastly the elephant in the room Why the heck did you let them move in pre sale?

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    #463537

    Fitter
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    Why the heck did you let them move in pre sale?

    Why indeed – We had all this nonsense when we sold our house in the UK – the buyers wanted to rip out fitted bedroom furniture before completion and whinged and whined and complained that we wouldn’t let them do it, we were being unreasonable etc. We were extremely unreasonable, stuck to our guns and denied them access to the house until they had completed! It’s the only way – never let ’em in until they’ve paid up!

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