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05/06/2009, 13:04 jane Joined on 05/06/2009 Posts 1 Should we have to pay half of the geometer's fees? Hello, When we signed the Compromis de Vente , we asked the notaire to list all the costs we would have to pay connected to the purchase of the house. We were told that it would be a percentage of the agreed selling price (122.000euros), and his clerk gave us an estimated figure. They did not mention their 5,015euro negotiation fee, which they then added to the price of the house, bringing the price of the house up to 136.000euros (including the TAX and fees).   We paid this, but when we went to the Notair’s office for the final signing, he presented us with a bill for 50% of the Geometers charges 318euros. We did not expect to be given this bill, as we did not agree to pay half the cost of the Geometer bill, in the Compromis de Vente.   The Geometer’s are now taking us to court for non payment. We have written to our Notair twice, and he has not replied. We have sent seven emails to the Cabinet D’Ormande, explaining everything, but they are still demanding the money and costs.   When we bought our house in December 2005, it was on a bigger piece of land and the owner decided to reduce the size of the land, and kept some for himself. It was his decision to split up the land. Therefore, it should have been his reasonability to pay for the bill for the Geometer, not us.   Please, can anyone help.      Report

05/06/2009, 14:27 andyh4 Joined on 15/06/2005 Cologne and Ardèche Posts 1,319 Re: Should we have to pay half of the geometer's fees? Sorry Jane but I doubt it. I would not expect this to have been on the CdV any more than the Notaires negotiations fees (= estate agents fees - the buyer pays these in France in almost all cases).  The CdV is nothing more than the sales contract and no more contains these fees than it does the costs for registering for gas, water and power.   Also the Notaire will not be able to defend you against the Geometre's fees because he is not a solicitor as in the UK system, but rather a tax collector and land registraar.    After 3-4 years it's probably time to get off the high horse and pay up - even though it does hurt pride and pocket Andy    Report

05/06/2009, 15:55 AnOther Joined on 05/12/2006 Mer du Nord/W of Cahors (46) Posts 7,528 Re: Should we have to pay half of the geometer's fees? Whilst I understand your indignation and however hard it is to swallow I think unless you have the stomach for a protracted and potentially expensive fight, with no guarantee of winning, paying the €318 is the pragmatic option. The Geometre has signalled his willingness to pursue it further and will start racking up more charges if and when he does initiate legal action. When everybody is saying the same thing it's usually time to ask if they know what they are saying.    Report

05/06/2009, 16:09 suein56 Joined on 23/08/2004 Southern Morbihan (56) Posts 2,184 Re: Should we have to pay half of the geometer's fees?  jane wrote:   When we bought our house in December 2005, it was on a bigger piece of land and the owner decided to reduce the size of the land, and kept some for himself. It was his decision to split up the land. Therefore, it should have been his reasonability to pay for the bill for the Geometer, not us. So, why haven't you contacted the previous owner of the land and said just that? Sue Computing - it's another world    Report

05/06/2009, 16:34 krusty Joined on 13/08/2006 haute vienne (87) Posts 4,641 Re: Should we have to pay half of the geometer's fees? Sorry not up on the legal side of things , but we bought our house in 2006 , the land registry was not up to date and the seller paid the full amount of the geomet fees. The futures so bright, I've got to wear shades.    Report

05/06/2009, 18:02 Ron Avery Joined on 29/11/2004 Aveyron 12 Posts 3,863 Re: Should we have to pay half of the geometer's fees? Maybe your seller was covering his tracks, how can the registry not be up to date unless he has done some unofficial hiving off of land or tax avoidance? The short answer is the buyer normally pays the Geometre's fees, whether or not the land was divided by the seller for sale or not. We paid them when we bought the farm and have just bought a parcel of land that had to be split and re-registered as part of a land swap and the two buyers have paid the fees.  That is how it normally works, you are also paying for the new registration in your name. All sweetness and light on this part of the Forum.    Report

05/06/2009, 19:01 pouyade Joined on 17/01/2005 Berkshire and 17 Posts 142 Re: Should we have to pay half of the geometer's fees? Whatever the 'norm' (and we were advise the seller pays; we insisted on splitting the bill when we bought a slice of a neighbour's field recently, seemed fair) what you appear to be doing is allowing  the issue to spoil your enjoyment of your French property for the sake of £300 or so and allowing this sum/issue to dominate the first months of your new life. Sorry, seems self defeating to me. What you are being asked to pay is a reasonable sum and I would put it down to experience, vow to be cuter next time and move on. Pouyade    Report

05/06/2009, 21:51 krusty Joined on 13/08/2006 haute vienne (87) Posts 4,641 Re: Should we have to pay half of the geometer's fees?  Ron Avery wrote: Maybe your seller was covering his tracks, how can the registry not be up to date unless he has done some unofficial hiving off of land or tax avoidance? I posted my first post from memory . I have now had a look at my paperwork . Our house was on a clearly defined plot ie fence all round ....."you buy the house this is what you get" . When it came to the original land registry records they show our house on a much larger plot which included the field next to us. Hence they had to have the geomet done to keep their field and register our plot to us. It was all done and dusted before we did the final signing , we have the plans and all the bourne markers are in place. Same as I said earlier , the sellers paid for the geomet.  The futures so bright, I've got to wear shades.    Report

05/06/2009, 22:06 Chancer Joined on 16/07/2006 Picardie, Sussex Posts 4,879 Re: Should we have to pay half of the geometer's fees?  pouyade wrote: what you appear to be doing is allowing  the issue to spoil your enjoyment of your French property for the sake of £300 or so and allowing this sum/issue to dominate the first months of your new life. 3 or 4 years judging by the posting, I feel sorry for the still unpaid geometre who must have been incredibly patient.    Report

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