Notaire nightmare

Pressurized · Joined: 21 Nov 2007 Posts: 5

The notaire wanted to buy our property for his son at a very much knock down price. Though he was a personal friend we had the property valued and found it was worth far in excess of his offer. We found another buyer and agreed the price. My husband died and the notaire handling my husband's estate very much delayed the sale by claiming he was the owner of the cave and garage and claimed we just rented it from him. Because he was the solicitor named on the handwritten will (which incidentally mentioned the cave and garage!) he dealt with these affairs. It was agreed that he would pay all bills due in France from the proceeds as I do not have a French cheque book - again a saga of not being able to get a cheque book for my account despite this notaire personally asking the bank on numerous occasions. Because I could not operate my account I put money from my french account into my husband's account - which again on his death I could not operate. The notaire holds my proceeds which I feel I cannot have sent to England as I have no means of paying the tax bills. The notaire previously advised that all bills had been settled and asked me to write for my money.

I still have not received the final bill for the sale which went through in June well over a year from when the sale was first agreed so have no information to go on. I have received tax demands which I cannot pay. The notaire says tax money was paid to us in the sale - which I find odd as I would have thought tax money would be paid direct to the tax authority. If he had not delayed the sale these tax monies would not have been payable in the first place! I feel at the very least we should have been advised that there would be taxes due.

Advice please - apart from sticking my head in a gas oven!

Marcus · Joined: 31 Mar 2006 Posts: 121 Location: Lyon VII

Perhaps because of my English, i'm not sure to have all understood. But it seems to be a realy serious affair. Did you have any contact with an advocate ? It seems obvious that this notaire has been less than scupulous and try to take benefict of you.

May be an advocate or the menace of using one could calm him. Nevertheless, you should start to take copies of any pieces of document dealing with this situation as i fear it would finish in front of court.

I'm sorry to be of no help in such a situation... and wish you courage, luck and an happy and quick exit to this tricky situation.

Markus.
_________________
Semper Fidelem

Pressurized · Joined: 21 Nov 2007 Posts: 5

Thank you Marcus for your reply. Unfortunately I am not living in France now so using an English lawyer would be very expensive and as I do not have a Euro account I would be unable to pay a French solicitor.

I am just hoping someone who lives in France who knows the law can point me on the right route. Another thing I would like to know is whether it is law that if a cheque is only in one name a property cannot be purchased in joint names. We were told this was the case but not until some time after we had purchased the property when we queried why I didn't have to make a french Will.

Pressurized · Joined: 21 Nov 2007 Posts: 5

In England we have a Law Society to regulate the legal profession. Does France have a similar body and if so what is the name and address please.

Jenny · Joined: 24 Feb 2006 Posts: 150

Hi Pressurized. What a complicated situation Confused

I have contacted someone to see if they can help. Hopefully they will post a reply here.

Pressurized · Joined: 21 Nov 2007 Posts: 5

Thank you Jenny xx

Jenny · Joined: 24 Feb 2006 Posts: 150

Oh, and I'm sure you can pay someone in France without a Euro account. Talk to your bank about this in case you do decide to get a French lawyer involved.

Jenny · Joined: 24 Feb 2006 Posts: 150

I have received a reply from a very helpful Estate Agent, Freddy Rueda Sarl, in Bezier:

"the notaire is definitively faulty but what is important is what kind of written proof you can bring. If you have some then don't hesitate to contact a lawyer as the notaire is fully responsible and has the obligation to be impartial and certainly not deal in his own interest.

All the best"

Pressurized · Joined: 21 Nov 2007 Posts: 5

Thank you Jenny. No problem with evidence. I did not even get an apology from the notaire after he claimed the cellar and garage was his property which delayed the sale. I still await a copy of the final account. Do you by any chance have the address of the legal society who regulates the legal profession in France please>

Jenny · Joined: 24 Feb 2006 Posts: 150

I don't but you could contact Freddy directly as he may be able to help (see directory listing here: http://www.enjoyfrance.com/directory/france-Freddy-Rueda-Sarl-168.html)

Jo · Joined: 01 Dec 2007 Posts: 1

Hi Pressurized, we had a problem in buying our house whereupon we discovered after agreeing the price, signing compromis & moving into rented accomodation to wait for ownership that the garden's ownership remained under dispute. Here is the name and number of a very nice, capable and english speaking advocat in Montpellier. Not sure where you are but she could probably recommend another nearer you if not in your area. Marie-Laure Marle-Plante, Tel: 0467922217. Good luck with your notaire - my own impression is they are not reliable, trustworthy nor very hardworking but good at getting paid!