How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thegonnec Your Own Question

Thegonnec
Thegonnec, Industrial Tribunal Judge
Category: European Law
Satisfied Customers: 1412
Experience:  11 years experience as a judge with Paris Industrial Tribunal
46873171
Type Your European Law Question Here...
Thegonnec is online now

abuse of trust by our French agency

Customer Question

Living in England with a house in France , we trusted our agency to carry out some light renovation work on our French house in order to make it better presentable for selling it . We sent our payment straight away to the agency when they told us the work had been completely done( just under 3000euros). When the house sold at a much lower price ( we were told on the phone by the agent we were lucky, and we had to sign on line ,a 10 000euros commission for his contribution! ) we went to France ...and discovered that the work we had payed for had partly NOT been done partly done in a way which was positively unacceptable , as a 3years old child would do it..... In any case it certainly was a detriment to the house presentation we had paid for .we took photographs of this ,{ the agreed with us}. and complained to the company. They admitted some of the work had not been done and refunding about 630euros, but said all the rest had ...and refused to admit any grossly substandard work. When I sent our photos , their answer was to produce new ones of the work they had since redone for the benefit of our house purchasers ! saying it was NOW done!...What can we do and what channel to follow? and is there a consumer law in France to use for this 1) abuse of trust 2) obvious mockery of evidence ....now that our house is sold at a lower price / and that we have payed for work which no one would accept as such ...+ some was not done at all...all this on trust. The notaire says that the fees of a French lawyer would be too high to make it worth pursuing them ..but that they would deserve it! Thank you for your help.

Submitted: 2 years ago.
Category: European Law
Expert:  Thegonnec replied 2 years ago.
Hello,
I am afraid the notaire is exactly right. Obviously the agency abused your trust. You would most likely only add legal costs to your loss.
You have no admissible way to prove the abuse of trust in a court of law. Unless you had a huissier de justice (bailiff) assess the state of the house when you discover the work had not been done correctly, or not done at all.
To see if there is really any avenue to pursue this matter in court one would need to see the contract or work-order you signed with the agency regarding this renovation work. See how detailed it was how you delegated this renovation work to them.
The real trouble is that you cannot sue them for having you accept a lower selling price your house as they did not force you to do so and you were free to accept the proposal, or not.
Basically, what you could possibly obtain is a refund for the work not carried out provided all that was to be done was correctly itemized in the contract and the court has means to assess that it exceeds the 630 euros already refunded.
Thegonnec, Industrial Tribunal Judge
Category: European Law
Satisfied Customers: 1412
Experience: 11 years experience as a judge with Paris Industrial Tribunal
Thegonnec and other European Law Specialists are ready to help you
Customer: replied 2 years ago.

Hello


OK I see that there is no Justice in this case ...so even my photos of the non-work would not be enough? and witnesses ( neighbours , brocanteurs ...even the agent who sold the house (working for them )admitted with embarrassment that <the work would be done next week ..>[..after house sold at lower price+ we had payed for all the work a year ago !]...all this does not count?


Isn't there a WATCH DoG agency abroad for this type of cases ? is it possible to at least SHAME them?


 

Customer: replied 2 years ago.

01 July 2014 07:06 EST




Hello




OK I see that there is no Justice in this case ...so even my photos of the non-work would not be enough? and witnesses ( neighbours , brocanteurs ...even the agent who sold the house (working for them )admitted with embarrassment that <the work would be done next week ..>[..after house sold at lower price+ we had payed for all the work a year ago !]...all this does not count?




Isn't there a WATCH DoG agency abroad for this type of cases ? is it possible to at least SHAME them?


Expert:  Thegonnec replied 2 years ago.
I cannot say that that this will not count but you would have to have witnesses testify officially and be submitting to cross examination by the other party and... very few witnesses remember when asked to go through these proceedings.
Then you would have to mandate an expertise to ascertain that the house would have sold at a higher price had the work been done, which will add to your legal costs. With a rather slim chance of recovering this.
To shame them, you need to be able to prove (as detailed above) in a court of law what happened. Otherwise you risk being sued for libel. And in this case would have a high probability of paying them rather hefty damages.
If the agency is a member of FNAIM, you may complain to them though. It will bring you no financial compensation but agencies hate being reported to FNAIM...

What Customers are Saying:

 
 
 
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H.
< Previous | Next >
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H.
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
 
 
 

Meet The Experts:

 
 
 
  • Thegonnec

    Thegonnec

    Industrial Tribunal Judge

    Satisfied Customers:

    15
    11 years experience as a judge with Paris Industrial Tribunal
< Previous | Next >
  • http://ww2.justanswer.com/uploads/TH/Thegonnec/2012-6-6_22222_Photoprofilsmall.64x64.jpeg Thegonnec's Avatar

    Thegonnec

    Industrial Tribunal Judge

    Satisfied Customers:

    15
    11 years experience as a judge with Paris Industrial Tribunal
  • http://ww2.justanswer.com/uploads/JO/JoseMagadan/2013-6-27_16279_IMG6290copia.64x64.JPG José M.'s Avatar

    José M.

    Attorney

    Satisfied Customers:

    21
    Spanish Attorney
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Attorney

    Satisfied Customers:

    6
    Private practice with experience in common law, civil law, international family law, and international contracts.
  • http://ww2.justanswer.com/uploads/MS/MsAM/2012-6-9_16426_anna.64x64.jpeg Anna's Avatar

    Anna

    Teacher, writer, biologist

    Satisfied Customers:

    270
    Great research skills, variety of work experiences, teaching experience.
  • http://ww2.justanswer.com/uploads/PD/pdheslin/2012-6-6_232056_pambig.64x64.jpg pdheslin's Avatar

    pdheslin

    Consultant

    Satisfied Customers:

    51
    20+ years of internet site creation and search engine optimization. Dozens of search tools at my disposal.
  • http://ww2.justanswer.com/uploads/BL/blueflowers1063/2013-10-10_35834_KimHolidays1.64x64.jpg Kim D.'s Avatar

    Kim D.

    Consultant

    Satisfied Customers:

    27
    Researcher 20+yrs in small and large institutions