Expats: The Paris Insider: Problems with my French Realtor

Jean’s advice: Before answering this very technical question, I must first explain the legalities of this situation. Under French law, two people agreeing on just two things creates a complete contract, which must be implemented. The mandate you signed very probably gives the realtor the complete right to represent you within the terms of the contract. Thus, as long as the neighbor’s offer complies with the terms of the mandate, the realtor is within his rights to accept the offer on your behalf, and you are legally bound to accept it, almost as if you had done so yourself. So, legally speaking, you must proceed with this sale. Now, if you can prove that you gave firm instructions to the realtor not to sell to your neighbor, you can walk out of the deal and leave the realtor alone to compensate the neighbor. Keep in mind that you need to have written proof of this instruction–an e-mail would do it. Be extremely careful if you choose this route. If you have nothing in writing, you might have a way out that is tricky, but feasible. If this neighbor has done things you can document, and any of them are illegal, you could have a case against your neighbor and could claim a sizeable damage payment. Then, depending on your ability to play this game, your neighbor might back off, reasoning that you have enough of a claim that a judge would award you a good portion of what you ask in damages. If you refuse to go through with the closing of the sale, your neighbor and the realtor will take you to court to have the accepted offer confirmed by the judge. With a ruling stating that the sale is final, they can take the matter to any notaire to do the closing and transfer the ownership. However, if you are entitled to a sizeable amount in damages, taking you to court will mean the amount to purchase the house will jump by the amount awarded to you. This can be a powerful deterrent. In any case, you absolutely need your own lawyer and notaire to have a chance of being successful with this. This is by no means a sure thing.