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French Legal Issues

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Re: Expiry of clause suspensive

As has been said, if there is a clause suspensive relating to refusal of a loan, in order to use this clause you do need to provide a satisfactory papertrail to show that you have applied for a loan and been refused. You can't just say "I asked several banks but they all said no". Every application results in a papertrail, the notaire will want to see this, and if the paperwork you give him shows that a decision is still pending he'll arrange to wait until that decision comes through. He's going to assume the buyer is in good faith and is still hoping to proceed so he's not going to cut them off high and dry with an application under consideration, just because a random deadline has arrived; because how would that be in either party's interests. Amending the dates in a contract is not a big deal. Terminating a contract is a bigger deal.
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Re: Expiry of clause suspensive

Remember that it is in the financial interest of both the notaire and the immobilier to get the deal to stick so they will bend over backwards to tie you in.
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Re: Expiry of clause suspensive

Good explanation, in the absence of any knowledge I believe it is correct as it sounds very plausible.

 

I think if at this stage either the buyer or the seller try to back out (seller because he has found a serious buyer) unless both agree then the property will be effectively blocked from sale, the deposit effectively blocked with the notaire and of no benefit to either party for as long as it takes for the legal system to bleed both partys dry.


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Re: Expiry of clause suspensive

Looks like Rustyhole has taken fright at leaving a paper trail on this website and done a runner. so I guess we won't be hearing anything more about this case.

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