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Listvianka
Frequent Guest
Joined: 29 Jan 2008
Posts: 65
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 Posted: Sat Dec 06, 2008 6:09 pm Post subject: French administration stinks |
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In May this year I was happy to have found a buyer for my property in Oust, Ariege, France. But 3 months after signing with the Notaire, the Lord Mayor (acting on behalf of France) decided to buy the property. This was on the 1st September, but having taken a long time the state of France did not become legal owners of my property until 25th November. My problem is that they still have not paid anything at all.
I would like to be paid the full amount plus interest and without any delay. I can not appreciate my life with this lack of funds. This fun which the Mayor is having at my expense has gone on for long enough.
I am now a resident in Listvianka and wonder if people of this forum think I should go to the Administration Centre to see if they could call the French consulate to get them to put pressure on the sadistic French Mayor to pay up. |
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mister_wizzz
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Joined: 27 May 2004
Posts: 582
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| Posted: Sat Dec 06, 2008 8:05 pm Post subject: |
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Calling the French consulate will be a waste of time, it is not their business.
You should know that a mayor can delay the payment up to 6 months in the case of "droit de preemption urbain" if he wants to.
After 6 months, if you still don't get the payment, the only way to cancel the sale is to institute proceedings against the mayor.
Good luck. |
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Listvianka
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Joined: 29 Jan 2008
Posts: 65
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| Posted: Sun Dec 07, 2008 12:07 am Post subject: |
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I think you missed a point:
Its already been 6.5 months since I signed with the first buyers.
The Town has signed the finnal contract: making them legal owners in every respect. There is no turning back. From what I hear they also have already entered the property to start work inside.
I am not sure about your 6 months’ "droit de preemption urbain" though - I'll look it up, but I think it is precicely with this right that they ‘bought’ (or stole) the property.
Do you think the administration center in Listvianka might be able to arrange for me to have an exeptional bank loan? The money from the proceedings of this sale will be worthless at the end of February due to inflation. |
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danbrew
Just Starting
Joined: 17 Mar 2010
Posts: 8
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| Posted: Sun Dec 07, 2008 2:17 am Post subject: |
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I'll admit up front that I have no idea what you guys are talking about...
BUT... if I sold a house six months ago, the new owner had taken occupancy, and I was getting the run around related to payment? Sheeeeet. There would be a fire. |
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camarks
Moderator
Joined: 30 Sep 2005
Posts: 333
Location: Richmond, VA USA
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| Posted: Sun Dec 07, 2008 5:15 am Post subject: |
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| LMAO danbrew, but of course this would encourage them to pay how? |
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danbrew
Just Starting
Joined: 17 Mar 2010
Posts: 8
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| Posted: Sun Dec 07, 2008 6:30 am Post subject: |
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| That's just it - sounds like he isn't gonna get paid either way! |
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jeanius
Just Starting
Joined: 07 Dec 2008
Posts: 4
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| Posted: Sun Dec 07, 2008 12:45 pm Post subject: Your French Property |
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Hi, why don't you ask the Mayor what he intends to do? Then if you don't get a satisfactory answer get yourself a good advocate from Carcassonne. He'll tell you of your rights and make sure it's all done in a proper way but your notaire shouldn't have given them any access rights to the property as it can only become their property when the notaire has recieved the funds which he should in turn pass directly to you buy transfer or cheque. Definately cheque with your notaire first he should have all the answers and is paid to act on your behalf and that of the buyer as well if you've both used the same notaire. If you get stuck contact these people www.audeassistance.com and they can help you for a small fee.
good luck |
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Listvianka
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Joined: 29 Jan 2008
Posts: 65
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| Posted: Sun Dec 07, 2008 2:12 pm Post subject: |
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I also asked the Notaire to e-mail me a copy of the finnal contract to see if any special clause had been inserted. But; I forgot to mention that both the Notaire and the mayor have not replied to my last few e-mails. I suppose this must be because the Notate dose not want to admit the abuse which is taking place.
The last news I got was from the estate agents last week, who told me all was well, that I only had to wait annother 2 to 3 weeks! But I was due the sum on the 25th November so I do not see why I should have to wait annother day. Also there are very important investments for which I need the money by Thursday latest. And I don't know if I can trust them now. |
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jeanius
Just Starting
Joined: 07 Dec 2008
Posts: 4
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| Posted: Sun Dec 07, 2008 3:10 pm Post subject: your French property |
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Not having seen the compromis(sale deed) i can't really comment but it's fairly cut and dried if there's no special clauses in it. Act finale signing date 25th NOV presumably you signed by power of attorney via the notaires clerk, the Mairies officer would also signed and the government pays the notaire your money and on that same day or next day at latest he pays you your money. I am an estate agent and have sold over 100 houses and never has one of my clients had to wait for period of 2-3 weeks. I would definately ask your estate agent what the hold up is, he should only get paid once the funds are transfered to the notaire and the notaire has got your authority to pay him/her for their services. If he/she has been paid then your money should be released to you, if he hasn't been paid then he should be onto the notaires office screaming blue murder asking what the hold up is for his client(you)
Good luck |
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Listvianka
Frequent Guest
Joined: 29 Jan 2008
Posts: 65
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| Posted: Sun Dec 07, 2008 3:34 pm Post subject: |
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| As I have a lack of feedback, even from the estate agent (which is a weak (but very nice) girl), I guess the best thing for me to do is to see if the Admin. in Listvianka can help me out tomorow. If they take my complaint seriously and call the French Consulate in Moscow, then I think the Mayor might get cold feet and pay up with no delay. |
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jeanius
Just Starting
Joined: 07 Dec 2008
Posts: 4
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| Posted: Sun Dec 07, 2008 4:02 pm Post subject: |
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Well that would certainly be hitting them hard, but I think Moscow is too far from the matter and talking to the notaire and the estate agent should be the quickest way to receive the answers and the money, Moscow talks to the French embassy and then what? OK we'll look into it and get back to you sometime in the future it is nearly Christmas you know, France is lapse when it comes to admin but the laws are well placed to protect you, but your estate agent and notaire need some serious talking to you are after all paying them for a service which is obviously lacking at the moment.
Talk to the notaire and state the facts, they like that!
the final date for signing was 25/11/2008 has the acte finale been signed by both parties..........yes
OK have you received the funds......yes OK please transfer my funds to XYZ.....;or no..........why not and when will the deal be concluded and please confirm this in writing before I seek further legal advise from an advocat
Good luck |
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Listvianka
Frequent Guest
Joined: 29 Jan 2008
Posts: 65
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| Posted: Sun Dec 07, 2008 11:53 pm Post subject: |
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A friend just sent me this:
...In short : if you had simply written that the sale to the commune of Oust has been completed on the 25th of November but that you still haven't received the price in Russia, people would have responded on the forum that you should wait a bit as it takes a while for a transfer especially if it goes through administrative channels.
you totally misrepresented the situation, therefore the responses you get are irrelevant: it's responses to an imaginary case!! Nothing to do with reality.
Personnally I am still not sure 13 days is justified! They already had 6 months to prepare for the transfere of funds
In Russia the whole proccess takes just one month, not 6 and a half!!
What I don't like is that my Notaire (like most French Notaires) fails to communicate much info. He dose his job then leaves me in the dark. Same aplies to the Mairie. |
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jeanius
Just Starting
Joined: 07 Dec 2008
Posts: 4
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| Posted: Mon Dec 08, 2008 1:20 am Post subject: |
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well they wouldn't have been preparing the transfer of funds for 6 months that I gaurantee, but the banks always say it can take up to 5 days to transfer the funds, this is actually a lie, sending funds is like sending an email it takes seconds but they like to hang on to your money to make interest, I don't know what the banking system in Russia is like but they seem to be a lot more savvy than the rest of the world thinks and the new mother Russia seems to be very affluent and I don't think money transfer will be a problem for them. Notaires like to slow money transfers down and make interest, when I sold my first house in France I went to the same notaire 7 months later and he said er hello I have something for you and gave me a cheque for 2700.00 euros, OK not mega money but what if I hadn't gone into his office that day?? He could have contacted me sooner to say I have mis calculated my fees and here's your difference back. Still simple for me, you've sold, they bought, they owe you money! NO EXCUSE for the delay except you are Russian and not in France and they can play games and delay your payment and so they will for as long as possible, your estate agent is not good or there is a reason for the delayed payment. find out which it is and tommorrow.
Good luck and tell me when you have the money!!!! |
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