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Seller's obligations

The obligations of the seller

The information obligation

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Condominium fees
When selling a lot in a condominium, the trustee shall state the notary dated condominium fees. This document includes:
- provisions of the budget estimate due
- unpaid charges for previous years ...
costs questionnaire (the amount was passed in General Meeting) are distributed according to indications provided by the trustee.
A lack of precision, they are borne by the buyer (art. 1593 Civil Code).
When selling a lot, the seller must have paid all charges due until the date of signing the deed of sale.
As evidence, he must produce a certificate, "says Article 20 (Act of July 10, 1965), issued by the trustee of the condominium.
This certificate must be less than a month.
If this certificate is not provided, the undersigned gives notice of transfer to the trustee by registered letter with return receipt within fifteen day bears the date of sale.
The trustee himself has fifteen days to file opposition to the surrender of the sale price to the seller through a bailiff. The effects of the Opposition are limited to the amount it says.
The undersigned also address the trustee letter mail with return receipt notification indicating the details of the buyer.
Applicants for the acquisition of a lot or a beneficiary of a promise of sale may inspect the maintenance log. This document mentions
including references and insurance of the building, the year of important tasks, the reference of life insurance that safeguards are in progress, reference maintenance contracts on equipment common.
The seller may obtain, at its expense, a copy with the trustee.
Union Association
In case of sale of his property, the owner a property dependent on a union association shall inform the purchaser, and the existence of any easements.
The boundary in case of sale of land
In the preliminary contract or the deed of sale of land for the construction of a building for residential use or mixed use (residential and professional ), information must be given on the boundary.
Two situations may arise:
- if it is an isolated land: the measure must indicate whether the description of the land (boundaries and area) or not resulting from a boundary. This is optional.
- if the land is part a plot: the act must include a description of the land as established by the boundary. This is mandatory.
The absence of any reference allows the beneficiary of the promise or promises (in case of put option) or to the purchaser, to invoke the invalidity of the act.
This action must be instituted before the expiry of one month from the date of the deed evidencing the completion of the sale.
If the reference is omitted in the preliminary contract, the revocation action may be instituted if this is indicated in the deed of sale authentic. The quiet enjoyment

Obligation Delivery
Delivery consists in the surrender of the property to the purchaser. The seller hands over the keys, old deeds, releases any occupant of the premises and any chattels, unless the property is sold leased.
The property sold must be issued in the state it is the day of signing the deed of sale with accessories (eg sink). It must be consistent with the terms of the sale agreement or compromise.
In consideration of the delivery, the buyer pays the purchase price.
Guarantee
eviction eviction Guarantee ensures the buyer the "enjoyment quiet "of the property purchased.
Neither the seller nor any party shall bring disorder to that enjoyment. The seller must disclose to the buyer including the existence of easement be borne by the property sold (right of way, right bailing etc. .).
If the property is leased, the lease is enforceable against the purchaser, which must continue as long as the lease has certain date (lease authentic signed before a notary or duly registered).

The pre-emption rights The tenant's right of first refusal

offer the tenant the option to purchase the leased property, in preference to any other person. The owner must "Purge" the law in two cases only:
- First sale of the dwelling occupied after the condominium building
The lessor must on pain of nullity of the sale, give notice by registered letter with acknowledgment of receipt each lessee or occupant in good faith, the indication of prices and conditions of the proposed sale for the unit it occupies. This information is
offer to sell the benefit of the recipient. The offer is valid for two months. The sale must be made within two months (deadline extended to four months if the sale is subject to the granting of a loan).
- Leave for sale
If the landlord wants to sell the property free, it must at least six months before the end of the lease, grant clearance to sell its tenant.
The offer is valid for two months and the sale must be made within two months after accepting the offer (increased to four if a loan).
If the tenant does not respond to the offer and the seller found a buyer at a price lower than that quoted in the leave, the tenant must be notified. This notification is
new offer of sale.
The tenant will then have one month of receiving This new offer to accept. If the tenant decides to buy, the sale must be conducted within the same time as above.
This second notification requirement also applies to the tenant's right of first refusal in the event of a sale following a first converted into condominiums. Right of first refusal

urban urban preemption right is the right granted to a public entity (eg city hall) to acquire priority property for sale by its owner. The right of preemption
Urban was set up to projects of general interest (eg creation hospital).
order to purge the right of first refusal when it exists, the vendor must make a declaration of intent to dispose with the council of the location of the property.
In practice, the notary performs this process on behalf of the seller.
The declaration must state the price, conditions of sale, including several entries for consistency (surface), the use of the property sold (residential, commercial and business ...), his tenure (free, busy by the owner, tenant ...).
The council has two months to respond.
If silence on his part during this period, it will be considered as having waived the right of first refusal. The signing of the final deed of sale can not occur before the express or implied waiver of the copyright owner.

The implied warranty

The seller must guarantee against hidden defects of the thing sold. These flaws prevent them from using the property for its intended purpose or so diminish the value, the purchaser would not have bought if he had known.
The hidden defect is one that was not known to the purchaser and which could not be revealed by normal examination of the property (example: the lack of running water for a house for residential use equipped with valves and pipes).
The deed may contain a disclaimer of warranty. This clause does not apply if the seller is a real estate professional, or had knowledge of the existence of the defect, or if the property was built within the last ten years. The action of the purchaser must be commenced within 2 years from the discovery of faults (sales occurring on or after February 19, 2005).


Source: Paris Chamber of Notaries