Chapter III-1: Sale of buildings to be constructed.

A sale of a building to be constructed is one in which the seller undertakes to build a building within a period specified in the contract. It may be concluded on completion or in a future state of completion.

A forward sale is a contract in which the seller undertakes to deliver the property on completion and the buyer undertakes to take delivery of it and pay the price on the delivery date. Ownership is transferred ipso jure when the completion of the building is recorded in a notarised deed; it takes effect retroactively to the day of the sale.

The vente en l’état futur d’achèvement is the contract by which the seller immediately transfers to the purchaser his rights over the land and ownership of the existing buildings. Future works become the property of the purchaser as and when they are completed; the purchaser is required to pay the price as the work progresses. The seller retains the powers of the project owner until acceptance of the works.

The assignment by the purchaser of the rights he holds under a sale of a building automatically substitutes the assignee in the purchaser’s obligations to the seller. If the sale was accompanied by a mandate, this continues between the seller and the assignee. These provisions apply to any transfer inter vivos, whether voluntary or forced, or mortis causa.