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Old 03.12.2012, 12:28
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Difference between lawyer and notaire and which one do I need?

We have a problem with our apartment (we own it) that after years of complaints and correspondence requires us first to contact the constructer to request (demand?) that the building insurance pay for the costly repair. The first complaints were document by the original owner in the winter of 2003, the first winter the new constuction was occupied. To make a long story somewhat shorter, several "experts" have said that the windows are not fit for their application in the design. Now we don't know to begin this procedure--notaire? lawyer? We also know that the original owner has to participate because the insurance does not pass on to a secondary owner automatically.
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Old 03.12.2012, 13:45
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Re: Difference between lawyer and notaire and which one do I need?

Are you sure about the first owner's liability?

I ask because I bought my house with an 'as is' clause - that is, I fully accepted the house in the condition it was in, with any known defects - and I accepted that any problems found after the handover were mine to deal with. I will be selling the house with the same clause.

This is apparently a fairly common clause when buying a previously owned house, as warranties generally don't transfer. (At least, I've also seen this clause on most of the properties I didn't buy.)

So go over your contract carefully...

Good luck, hope the problem gets solved with as little pain as possible.
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Old 03.12.2012, 14:33
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Re: Difference between lawyer and notaire and which one do I need?


Note to OP: Not everything (vaguely) related to lawyers has to be filed in the Complaints section.
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Old 03.12.2012, 15:51
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Re: Difference between lawyer and notaire and which one do I need?

The notaire deals with the legal transaction relating to the transfer of property (amongst other things, they also do wills). Lawyers deal other legal issues, more likely to involve the courts.
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Old 03.12.2012, 17:57
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Re: Difference between lawyer and notaire and which one do I need?

You will most likely need a lawyer (attorney-at-law) who can recommend the necessary legal actions, probably in cooperation with or based on construction experts.

(In some cantons, lawyers can act as notaries too, for example in Zug.)
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Old 03.12.2012, 18:04
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Re: Difference between lawyer and notaire and which one do I need?

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Note to OP: Not everything (vaguely) related to lawyers has to be filed in the Complaints section.
I also think that the "which one should I get" should go into the pet corner. But be warned... they are expensive to keep.
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