Section 2: Mortgages

If the lessor causes the lessee to subscribe or receives acceptance of the offer from the lessee without it bearing a date or if it bears a false date such as to lead to the belief that it was given after the expiry of the ten-day period prescribed in Article L. 313-58 for a hire-purchase contract or a lease with a promise to sell, is punishable by a fine of…

If the lender or lessor, in breach of the provisions of article L. 313-35 or, in the case of a hire-purchase contract and a lease with a promise to sell, those set out in article L. 313-59, to agree to receive from the borrower or the lessee, or on behalf of one of the latter, a payment or deposit, a cheque or a commercial paper subscribed, endorsed or guaranteed in…

If the lender, in breach of the provisions of article L. 313-38, for the seller, in breach of the provisions of article L. 313-41 or for the lessor, in breach of the provisions of article L. 313-62 for a hire-purchase contract and a hire contract with a promise to sell not to return the sums mentioned in these articles, is punishable by a fine of 300,000 euros.

Natural persons guilty of offences punishable under articles L. 341-37, L. 341-38 and L. 341-40 to L. 341-43 also incur as additional penalties the prohibition, in accordance with the procedures set out in the Article 131-27 of the Penal Code, either to hold a public office or to carry out the professional or social activity in the exercise or on the occasion of the exercise of which the offence was…

If the lender demands from the borrower or lessee or withholds from his account sums in excess of those he is authorised to demand or withhold pursuant to the provisions of articles L. 313-49, L. 313-52, L. 313-60 or L. 313-61 is punishable by a fine of 300,000 euros. Physical persons are also liable, as additional penalties, to prohibition, in accordance with the terms set out in the Article 131-27…