Jul 10, 2011 06:35
12 yrs ago
5 viewers *
French term

ainsi que le tout existe

French to English Bus/Financial Real Estate
From a "bail d'habitation"

"IL A ETE CONVENU ET ARRETE CE QUI SUIT:
Le bailleur, loue à Mademoiselle X locataire qui accepte les lieux ci-après désignés, ainsi que le tout existe, sans exception ni réserve,..."

I am looking for how to phrase "ainsi que le tout existe"
So far I have "and the entire property" as in the "...the tenant who accepts the premises set out below, and the entire property, without exception or reservation..."
Is this right?

There is a related proz entry for a much longer phrase containing "le tout existe" which I have looked at:
http://www.proz.com/kudoz/french_to_english/real_estate/2984...
Change log

Jul 10, 2011 07:26: writeaway changed "Field" from "Law/Patents" to "Bus/Financial"

Jul 10, 2011 09:02: Stéphanie Soudais changed "Term asked" from "ainsi que le tout exist" to "ainsi que le tout existe"

Discussion

AllegroTrans Jul 10, 2011:
Why it says "such as it now exists" (or similar) is because the property "as it is now" may not be the same as described in some earlier property deed (might have had a pigsty demolished or a conservatory built on, or an autoroute bulldozed through the end of the garden, etc, etc.
The lesson: believe what you see but not what you read (even in the NotW)
Colin Morley (X) Jul 10, 2011:
How about insofar as ? Would that make a bit more sense? I sometimes think contracts are just made awkward in whatever language so it's hard to argue with them!
Tony M Jul 10, 2011:
Not this bit... "and the entire property" isn't really right, and could indeed be downright misleading. For example, if Ms. X is renting just the 4th-floor back bedroom, it would be ambigous to say "and the entire property"

The basic meaning is "as it all exists" — quite how best to render that in EN (where it is arguably redundant), I leave to be debated by those more expert in this field than I.

Proposed translations

+1
4 hrs
Selected

such as the whole exists

This was the recommended translation on my legal translation diploma course....(that's not saying it has to be right, though!) In my opinion the phrase is a bit of a redundancy but at the same time I would keep it in for the sake of completeness.
Peer comment(s):

agree AllegroTrans
3 hrs
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3 KudoZ points awarded for this answer. Comment: "I used this although I wish I could've have found some google hits for it"
-3
45 mins
French term (edited): ainsi que le tout exist

in its current state

seems to be standard terminology: more than 3 million hits in combination with real estate
Peer comment(s):

disagree writeaway : may be standard terminology but it's the wrong translation
5 mins
disagree Tony M : It's not about the condition of the property, but what it consists of.
4 hrs
disagree AllegroTrans : agree with 2 previous disagrees
7 hrs
Something went wrong...
2 hrs

in its entirety

?
Peer comment(s):

neutral AllegroTrans : what if it isn't the entirety that is being let?
14 hrs
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5 hrs

and all that is comprised therein

Or the whole of the property comprised therein.

"that the tenancy shall not come to an end on the date of termination specified in the landlord’s notice but shall continue thereafter, as respects the whole of the property comprised therein, at the same rent and in other respects on the same terms as before that date;"
http://www.legislation.gov.uk/ukpga/Eliz2/2-3/56

"Contracts for Rent Houses document sample. ... where the property comprised therein is let under a tenancy which ..."
www.docstoc.com/docs/69380133/Contracts-for-Rent-Houses

"(2) Where a lease granted in the intended exercise of such a power is ... but the grantor's interest in the land comprised therein continues after the time ..."
www.austlii.edu.au/au/legis/vic/consol_act/pla1958179/s152....
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9 hrs

"as is"

Hello,

They just mean that you accept the property "as is", imho (no need to say anymore).

BY ACCEPTING THIS BILL OF SALE, BUYER(S) REPRESENT THAT BUYER(S) HAVE PERSONALLY INSPECTED THE DESCRIBED PROPERTY AND ACCEPTS THE PROPERTY "AS-IS". ...


http://www.kinseylaw.com/freestuff/buysell/calnowarrantybill...


Fannie Mae sells each property "as is," which means that the buyer accepts the property "as is." Fannie Mae is not responsible for fixing any problems after ...

http://gilberthomes.com/Foreclosures/fannie-mae.html


I hope this helps.
Peer comment(s):

neutral Tony M : It's not about the condition of the property, but what it consists of. But here, they specifically use 'ainsi que' and not 'tel que' / 'as is' tends to be understood in EN as 'in the condition as seen' (as in yr last ref.)
1 min
Well, "as is" means "what the property consists of". I don't think it's any more complicated than that. I don't see any difference between "as the whole exists" and "as is".
neutral Laura Elvin : 'as is' refers to the condition of the property and as Tony says, that's not what is meant here
1 hr
I've rarely come across "as the whole exists" in a real estate document in English. The idea, imho, is "as is" (includes nature and all that the property consists of).
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