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Entertainment: Real Estate New: a big late delivery can cancel the sale

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that says real estate site says very often late delivery. The Pandemic of Covid-19 only increased this problem. A decision of 14 December 2021 of the Paris Judicial Tribunal, spotted by FIGARO makes it possible to see more clearly on the position of justice on these issues. The case opposes a buyer who opted for a sale in the future state of completion of a property in March 2017. The deed of sale provides for a delivery of its property by June 30, 2018. But the delays accumulate.

mid-2019, the accommodation has still not been delivered. The buyer decides to bring the case to justice. The decision made in mid-December 2021 highlights two points explained on the blog of Soussens lawyers. It is written that only the events occurred after the signing of the Vefa deed in the notary can be invoked by the proponent. The causes of different delays must be the subject of a certificate written by the architect, as also provided for the act of sale. Thus, the certificates established by the promoter have no validity, nor the events prior to the deed of sale, underlines the daily. The same goes for poorly justified delays.

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15 months of unjustified delays

The Tribunal found that 15 months behind 36 were bad or unjustified or were not at all. A period large enough to justify the cancellation of the sale. On the other hand, the Tribunal gives no indication of the minimum durations that make up a delay is considered serious. In the same way, it is necessary to specify the unjustified delay ratios / total delay, so that each file can be evaluated.

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but, as indicated by the blog, its decision makes it possible to specify to what extent the worries arising from the CVIV-19 crisis are "Legitimate causes" delayed by the real estate shipyard. Judges insist that the proponent must prove the situation. In the case of this case, the site was blocked by the confinement for a month and 25 days. A longer interruption and caused by other difficulties could have been taken into account by the court, but for that, it should have been documented. To do this, the proponent could have provided construction reports, architect certificates, etc.

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No moral harm

The blog also emphasizes the fact that the sale of the property is canceled and the buyer must be reimbursed almost all the costs incurred. But the Tribunal does not recognize him moral harm. If it retrieves the sums already paid to the proponent and returns to its bank the amounts lent without prepayment compensation and is refunded the bank interest paid or insurance costs, it does not affect compensation for the time lost.

Judicial Tribunal of Paris, 2nd Chamber, 14 December 2021, N ° 19/07687.

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SCI: the seller must inform the buyer on the rental situation of a building sold praised .
the facts a real estate company signs a promise of sale of € 2,352,000 with a financial company for the Acquisition of a building with some premises rented. This promise contains a clause stipulating that during the period between the signature of the promise and that of the sale, the seller is obliged to inform the buyer of "any change that could affect, significantly, the building and its rental situation ".

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