A recent case handled by Chris, together with Ringle Roy & Associés of Marseille, provided an interesting reminder that lessons learned from property litigation in Cyprus can be equally relevant when buying property elsewhere in Europe – in this case sunny Nice, in the south of France.
Chris advised the purchasers in this case, who relied on a French Notary (introduced to the buyers by the agent) to hold a deposit and subsequently to serve notice withdrawing from the purchase contract, which the purchasers were entitled to do under contract in certain circumstances. It is peculiar to the French system of buying and selling that a Notary acts like an impartial legal expert for both the buyer and the seller – supposedly anyway. Despite saying he had done so, the Notary failed to serve the withdrawal notice on time, and all “bonhomie” went out of the window when the sellers served a counter-notice for damages – again, as they are entitled under contract to do in France.
Then started the process of the claim, notably pursuing the return of the deposit, in which Chris was very ably assisted by Ringle Roy & Associés of Marseille.
In the event, it turned out that the notice served by the seller was defective in both timing and content, so, as Chris says, the Notary “dodged a bullet”.
Three things learnt from Cypriot litigation came in handy.
The first is: do not use the estate agent’s recommendations (in this case, for the Notary). Find professionals through friends, etc., if you can.
The second is: always use lawyers of your own, regardless of the involvement of the Notary. Strictly speaking, the Notary is not the buyer’s lawyer, and buyers should have their own legal team representing them.
Finally, if you have to commence proceedings, use lawyers who are competent. The sellers’ solicitors did not follow the service requirements in accordance with the contract and were therefore unable to defend the claim for the return of the deposit.
The jurisdictions and legal processes may differ, but the underlying lesson is much the same: when buying property overseas, independent advice and careful attention to the contractual requirements can make all the difference.
