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fait reserve expresse du privilege de vendeur

English translation: expressly reserves the right to excercise sellers\' (normal/statutory) rights

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:fait reserve expresse du privilege de vendeur
English translation:expressly reserves the right to excercise sellers\' (normal/statutory) rights
Entered by: French2English
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13:06 Apr 25, 2008
French to English translations [PRO]
Law/Patents - Law: Contract(s) / faire reserve de
French term or phrase: fait reserve expresse du privilege de vendeur
This is taken from a contract concerning a VEFA (sale of a property for future completion).

A la garantie du paiement de toutes sommes dues par l'acquéreur au vendeur au titre de la présente vente (prix principal, révision éventuelle, frais et accessoires) et à la garantie de l'exécution par l'acquéreur des conditions de la vente, le vendeur ***fait réserve expresse**** du privilège de vendeur et de l'action résolutoire prévus par la loi.

Should 'fait reserve de' here be translated along the lines of: 'the vendor expressly reserves the right to exercise the vendor's privilege...etc.' ?
French2English
United Kingdom
Local time: 17:09
expressly reserves the right to excercise sellers' (normal/statutory) rights
Explanation:
OK, "right...rights" isn't too elegant, but that's what it means...the right to retain the security deposit if the sale doesn't go through, to apply the terms of the termination clause, and so on.

I don't think "privilege" is quite right here, but I'm sure it would work almost as well.

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Note added at 43 mins (2008-04-25 13:49:22 GMT)
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Yes, statutory is right - "prévus par la loi"
Selected response from:

Conor McAuley
France
Local time: 18:09
Grading comment
Going with the agreement on this one. All answers helpful. In the end I used this answer, but kept 'vendor' instead of 'seller' (the word 'seller' always makes me think of street markets!). Pretty much the same thing though!
3 KudoZ points were awarded for this answer

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Summary of answers provided
4 +1expressly reserves the right to excercise sellers' (normal/statutory) rights
Conor McAuley
4expressly reserves (his) vendor's lien rightrkillings
4expressly reserves his rights as vendor
B D Finch
3shall explicitly maintain his rights as vendor/sellerMatthewLaSon


  

Answers


42 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
expressly reserves the right to excercise sellers' (normal/statutory) rights


Explanation:
OK, "right...rights" isn't too elegant, but that's what it means...the right to retain the security deposit if the sale doesn't go through, to apply the terms of the termination clause, and so on.

I don't think "privilege" is quite right here, but I'm sure it would work almost as well.

--------------------------------------------------
Note added at 43 mins (2008-04-25 13:49:22 GMT)
--------------------------------------------------

Yes, statutory is right - "prévus par la loi"

Conor McAuley
France
Local time: 18:09
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 61
Grading comment
Going with the agreement on this one. All answers helpful. In the end I used this answer, but kept 'vendor' instead of 'seller' (the word 'seller' always makes me think of street markets!). Pretty much the same thing though!

Peer comments on this answer (and responses from the answerer)
agree  ormiston: what about the nice word 'prerogative' (= 'an exclusive privilege or right')
4 hrs
  -> Yes, good idea, thanks ormiston, my Celtic chum! ;-)
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54 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
expressly reserves his rights as vendor


Explanation:
More or less as you put it, but it is better to translate "privilege" as "rights" in this context.

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Note added at 1 hr (2008-04-25 14:07:48 GMT)
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I took a phone call in between starting my answer and posting it, so only saw Conor's answer after posting mine. I can't get any ghits for either of our ways of phrasing it.

B D Finch
France
Local time: 18:09
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 309
2 corroborated select projects
in this pair and field What is ProZ.com Project History(SM)?
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18 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
shall explicitly maintain his rights as vendor/seller


Explanation:
Hello,

That's how I'd say it.

I hope it helps.

MatthewLaSon
Local time: 12:09
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 314
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1 day3 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
expressly reserves (his) vendor's lien right


Explanation:
Right to reclaim the property if the buyer falls behind in payments.

VEFA is now conventionally translated as "sale off-plan". The property is being sold not *for* future completion (by someone else) but as it will be when the builder is done building it, in its future state of completion. The buyer makes staggered payments tied to the state of completion.

rkillings
United States
Local time: 09:09
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 105
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