Often in a hurry to round, the buyer and seller sometimes think that the signing of the pre-contract does not lead too much. This is not true: despite its name, this pre-agreement constitutes a real “contract” that leads to important obligations for both parties. It allows them to define the conditions of the future sale and to underline their agreement. Although it is not prescribed by law, this document remains indispensable. To be valid, the sales contract must be notified to the tax authorities within ten days of its signature. In addition, if it is granted for a period of more than 18 months, it must be provided by an authentic instrument. The registration fee to be paid by the buyer is 125€. Unlike the sales contract, the preliminary contract does not have to be registered with the tax authorities. This lack of fees seems to be an advantage. However, in the event of a dispute relating to the execution of the preconditions, the parties remain bound by the sales contract, except by an amicable agreement or a court decision, in the case of a unilateral sales contract, the parties regain their freedom. If the option is not used by the buyer During this time, he is prohibited from abandoning the sale or offering the property to another buyer. The prospective buyer benefits from the agreement to decide whether or not he wants to buy.
A decisive advantage! In return, he pays the seller a childbirth service that theoretically corresponds to 10% of the sale price. If he decides to acquire it, this indemnity is deducted from the amount to be paid. However, if he renounces the purchase or if he does not show his acceptance within the option period, the owner acquires the benefit as compensation. Whether it is a sales contract or a pre-contract, buyers and sellers can decide by mutual agreement to add suspensive clauses. These make it possible to foresee the nullity of the pre-contract if certain events were to occur before the final sale (each of the parties regains its freedom). Contract of sale (also known as a “unilateral preliminary contract”), the owner has agreed with the potential buyer (known as the beneficiary) to sell him his property at the set price. This results in an exclusive “option” for a limited time (usually two to three months). What is a sales contract? This is an agreement between a buyer and a seller for a property under certain conditions. It can be written under the private seal, by a real estate agent or a notary. As a buyer of a new or old house, you sign a pre-contract, a unilateral agreement: you have a period of ten days (incompressible) during which you can reconsider your commitment (by registered letter with acknowledgment of return).
One of the main precautions is to include in the offer to purchase the conditions precedent (for example. B obtaining a loan) and to give the seller little time (a week or fifteen days) to give you his answer. The seller must inform you of the offer within the time limit and in the form prescribed in the offer (usually by registered letter and acknowledgment of receipt). . . .
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