Problems with notaire: advice appreciated!

[juliette]

Hi

I've bought an apartment in France which completed a couple of weeks ago and am in the process of tying up any loose ends.
The seller agreed to sell me all the furnishings and white goods in the apartment for an agreed sum of money which I paid to him throught the notaire. A washing machine was one of the things agreed (it's on an informal list the estate agents emailed to me). But there is no washing machine in the apartment and althought the notaire's secretary tells me that they have a list in our dossier, she won't check the list to confirm whether the washing machine is on it and has said she will email it to me, but has not done so. I haven't received the full dossier yet, but was told I would do so in a few months when we met with the notaire last week. My French is reasonable, so don't think anything is getting lost in translation- the notaire (or his admin staff) just doesn't seem to want to address this issue now the sale is through.
In addition, our notaire has asked us for two cheques to made payable to the previous owner towards the Tax Fonciere and syndicate charges for the apartment from May of this year until the end of the year. It seems the owner has paid these in full for 2007 and now wants our share. This is fine in principle, but various friends who have both bought and sold in France have told us that once the Tax Fonciere is paid for the year, sellers don't normally ask for part of this back. Is this right? Also, am feeling annoyed about disappearing washing machine and don't feel inclined to write cheques to the seller when we have paid for something that isn't there! Sorry if this all sounds completely ridiculous- I don't want to cause any bad feeling but feel like telling the notaire that we will pay the owner (if liable) once we have the washing machine.
Any advice from those experienced in buying French property appreciated.
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Juliette

[Marcus]

Hi Juliette,


Two things :
1) If it's been written that a washing machine have been sold with the flat on the selling act (acte de vente), you should get it. If not, it's the job of the notaire to get it for you (even if you have to ask him very often).

2) It's usual that you pay the a ahre of the Fociere tax to the former owner. But this share depends of the time you buy it ... (depeding when).
The same things are also usual in France for the charges (and for some advance funding charges). But this has also to be written in the selling act, and could have been negotiated before buying the flat.

BEWARE : you should not pay the costs of reparation decided before you buy the flat !

Does it help ?
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Semper Fidelem

[juliette]

Yes, thank you.

This helps a lot. I've since written to the notaire, asking him to sort out the washing machine (and attaching the email which I have from the estate agent stating that the washing machine would be included in the goods that we had agreed a fixed price for).

I'm happy to pay my share of the Tax Fonciere and apartment charges to the owner once the washing machine has been sorted out. Obviously, if it doesn't materialise, I'll ask for the relevant amount to be deducted from the refund the owner has requested fo the Tax Fonciere etc

I'll post the outcome on this site.
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Juliette

[Marcus]

Hey.. Good you've not already paid your share of taxes

You've a way to press the seller.

I'll keep finger crossed. Good luck to you.
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Semper Fidelem