Bright Avocats: why you should consult a legal advisor BEFORE you buy

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Buying a French house is obviously not as easy as buying a baguette, but there are those who treat it just as lightly…

With frightening regularity, BRIGHT AVOCATS handles property purchase disputes because neither the seller nor the buyer were informed of the extent of their commitment when signing a contract. sales agreement or one agreement to sell.

Both of these documents are contracts, with carefully defined terms and conditions.

For example, when a buyer needs a loan, the maximum term and monthly payments the buyer can request will be stipulated in the compromise Where promise. If the buyer then requests a loan with different conditions and the banks refuse them, then he will not be protected by the suspensive clause (not being able to obtain financing) because by requesting a loan different from that provided for in the compromise Where promisethe buyer is in breach of contract.

We have also encountered cases where the seller wanted to terminate the compromise Where promise because they had found a higher bidder or no longer wanted to sell; or again, cases where the buyer wanted to withdraw, but passed the ten-day withdrawal period.

In the best case, a negotiation takes place on the fate of the deposit, to compensate the one who was not at the origin of the termination. However, in many cases, legal action is taken, either to order the other party to pay damages according to the penalty clause of the compromise Where promiseor even to impose the sale on the buyer or the seller.

Therefore, it is important to understand that compromise and promise are legally binding contracts and, as such, they create obligations and rights.

One of these obligations is similar to the UK contractual obligation to disclose any ownership information which may be essential to the buyer’s consent to purchase.

Many of the disputes we are facing at the moment relate to cancellations of real estate sales because key information has not been disclosed, such as the plan to build a wind farm nearby, the lack of sufficient insulation, the pit septic tank that could not be moved due to public water pipes running through the property, etc.

Disputes in real estate transactions can be based on all sorts of reasons, some justifiable, while others are unimaginable. What is certain, however, is that litigation is a costly and time-consuming pain that you can do without. That’s why we advise our buying and selling clients with our extensive knowledge and experience. Because without it, your real estate business is ruined!

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