I put on sale by an agency a T2 apartment in the Bordeaux region. A private contract has been signed since April 15, 2014 and since the buyer has disappeared into the wild. It does not give any sign of life and the agency is not able to tell me what to do. this situation becomes more complicated especially since it is not the first time that the same agency presents me with a buyer potential which subsequently disappears. The usher also does not know what to say to me? What to do? A complaint? Or? At which court? Against who? In what terms?
If your buyer signed a sales agreement, he had to pay a deposit of 5 to 10% of the amount of the acquisition to the agency, precisely to guarantee you in case of defection. The agency has normally cashed this money, has recorded it, and owes it to you as compensation. It was up to her to relaunch the buyer and inform him that failing to execute he would lose his deposit, since she took the responsibility of signing the compromise. In addition, you can claim the payment of the "penalty clause", also 10%. Again it is the agency that has signed the compromise to recover the amount related to the penalty clause. If the sums concerned exceed 4000.00 € (which is likely), you can appeal to the Tribunal de Grande Instance, via a lawyer.
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