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TKenney, Ph.D.
TKenney, Ph.D., French Attorney (Avocat à la Cour)
Category: French Law
Satisfied Customers: 791
Experience:  Practicing law in France, 10+ years of experience on Paris Bar. Taught French Business Law in US
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We came to France in August to view several properties. We

Customer Question

We came to France in August to view several properties. We were taken to a house in Avrille and were shown a house and garden as depicted in their advertisement. Large house with large front and rear gardens. At no time during the viewing were we told the rear garden was owned separately by one of the brothers and was not included in the sale. On the second visit we met one of the owners who lived next door, during both visits an interpreter was present. Again we were shown the house and gardens with fruit trees and we said plenty of room for our dogs and a swimming pool. Again there was no mention of the garden at the rear not being part of the sale. However we were told the drive would be separated and a fence constructed at the sellers expense, Nicole Buffet produced a huge plan of the house as Patrick Buffet had built it and showed us the border of the drive way.
. They had painted orange crosses on the tarmac to show how it would be divided and we agreed this was a good idea as the entrance to the. Garage of the house was off the driveway. Our offer was accepted on the house and we the sale proceeded, we received documents from the agent and everything was in order but we did not receive a plan but as we had the agents brochure showing the purchase we did not realise anything was different to house and gardens shown to us. We arrived on the 26 October the day before completion and when we visited the house, the other owner a brother we did not meet before told us the majority of the rear garden and land to the side of the house was his and not in the sale. We visited the agent and as soon as we walked in on the table was a plan showing the land division. She said it was her co worker who showed us the property not her. We then visited the notary who said we should have checked the land in question but as we felt we had seen exactly what was included from both the agents brochure and 2 visits it was just one plot of land. The notary rang the sellers solicitors and we were asked if we would buy the land. We said no as it was as far as we were concerned included in the price. The notary then asked us to sign to say we would not proceed with the purchase as it was not as explained and shown to us. In the letter he asked for the 10% charge to be waived because we had been mislead. He also took a copy of the agents brochure showing the house and large rear garden and we showed him photos we took of us in the garden during our visit. We have told him and the agent we will attempt to recover Money through legal action if we loose the deposit. We were never given a copy of the plans and it was never explained that the whole garden was not included. We have more information to back our case should we proceed.
Regards
Richard & ***** *****s.
Submitted: 1 year ago.
Category: French Law
Expert:  EULawyer replied 1 year ago.

Dear Customers,

I am very sorry for the situation you have been put in.

On the whole, I commend you for your actions with the notary. I think you did exactly what was needed, in particular with the letter stating the reason for termination of the planned purchase. From your question, I do not see exactly how I can help you at the moment, before the reply regarding the deposit. I remain available if you have any specific question, and if you receive a negative reply.

Just to be clear, I believe you have a very good chance of recovering the deposit in court, and that the agent should return the deposit, and I cannot think of anything extra that you should have done to secure that.

Cordially,

Dr Ioan-Luca Vlad