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sauf au vendeur à en rapporter mainlevée.

English translation: except to the seller in declaring legal release

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:sauf au vendeur à en rapporter mainlevée.
English translation:except to the seller in declaring legal release
Entered by: Daniel Weston
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15:35 Aug 31, 2008
French to English translations [PRO]
Law/Patents - Real Estate / Real estate - offer letter
French term or phrase: sauf au vendeur à en rapporter mainlevée.
Hope someone can help.

In an offer letter for the purchase of a property. The whole sentence reads:

elle sera notamment soumise aux conditions suspensives suivantes :
- l’état hypothécaire du bien objet de la présente ne devra pas révéler d’inscription d’un montant supérieur au prix de vente stipulé sauf au vendeur à en rapporter mainlevée.
Nedhead
Local time: 00:16
except to the seller in declaring legal release
Explanation:
The seller may have to pay an early payoff amount on the current mortgage.

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Note added at 4 days (2008-09-05 08:17:52 GMT) Post-grading
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I haven't seen one, but I read that the l’état hypothécaire covers your concern. It's a document that proves ownership and, if there is a mortgage, facts about the mortgage itself. That's where you'd need to make sure that the buyer's down payment and loan are enough to cover the payoff of the current loan (aside from any early payoff fees, etc. that the seller should pay). It goes on to say that the mortgage balance showing should not be more than the selling price. If it is, that would be another thing to question. You'd want to make sure that the transfer of property happens properly and in the best interest of your client!
Selected response from:

Daniel Weston
United States
Local time: 15:16
Grading comment
Very helpful, although I'm still searching for a phrase which is less 'legal', and is easily read by someone who is not familiar with buying property in France. I'm looking for something that explains that there is a 'get out' clause protecting them from inheriting any debt the sellers might have against the property
1 KudoZ points were awarded for this answer

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Summary of answers provided
3except to the seller in declaring legal release
Daniel Weston


  

Answers


16 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
except to the seller in declaring legal release


Explanation:
The seller may have to pay an early payoff amount on the current mortgage.

--------------------------------------------------
Note added at 4 days (2008-09-05 08:17:52 GMT) Post-grading
--------------------------------------------------

I haven't seen one, but I read that the l’état hypothécaire covers your concern. It's a document that proves ownership and, if there is a mortgage, facts about the mortgage itself. That's where you'd need to make sure that the buyer's down payment and loan are enough to cover the payoff of the current loan (aside from any early payoff fees, etc. that the seller should pay). It goes on to say that the mortgage balance showing should not be more than the selling price. If it is, that would be another thing to question. You'd want to make sure that the transfer of property happens properly and in the best interest of your client!

Daniel Weston
United States
Local time: 15:16
Native speaker of: Native in EnglishEnglish
PRO pts in category: 1
Grading comment
Very helpful, although I'm still searching for a phrase which is less 'legal', and is easily read by someone who is not familiar with buying property in France. I'm looking for something that explains that there is a 'get out' clause protecting them from inheriting any debt the sellers might have against the property
Notes to answerer
Asker: Thanks for that - it was most helpful and gives me food for thought.


Peer comments on this answer (and responses from the answerer)
neutral  Anthony Lines: The English translation (legal) of mainlevée is "replevin" meaning: "the provisional recovery of distrained goods pending the outcome of trial or judgement", (Oxford Concise 1996). I hope this helps.
8 mins
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Changes made by editors
Jun 14, 2009 - Changes made by Daniel Weston:
Created KOG entryKudoZ term » KOG term


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