Until the borrower accepts the offer, no payment in any form whatsoever may be made by the lender to or on behalf of the borrower, or by the borrower to the lender, in respect of the transaction in question. Until such acceptance, the borrower may not, in the same way, make any deposit, subscribe to or endorse any commercial paper, or sign any cheque. If a direct debit authorisation from…
The offer is always accepted subject to the resolutory condition that the contract for which the loan is requested is not concluded within four months of its acceptance. The parties may agree to a longer period than that defined in the first paragraph. >.
When the borrower informs his lenders that he is taking out several loans for the same transaction, each loan is concluded subject to the condition precedent that each of the other loans is granted. This provision only applies to loans where the amount exceeds 10% of the total credit.
Where the contract for which the loan was requested is not concluded within the period set pursuant to the provisions of article L. 313-36, the borrower shall repay all sums that the lender has already actually paid to him or on his behalf, as well as any interest relating thereto; the lender may only retain or request study fees, the maximum amount of which is set according to a scale…
In the event of loan renegotiation, changes to the initial credit agreement are made solely in the form of a rider drawn up on paper or on another durable medium. This rider includes, on the one hand, an amortisation schedule detailing for each instalment the capital remaining due in the event of early repayment and, on the other hand, the annual percentage rate of charge and the cost of the…
The written deed, including the unilateral promise of sale accepted and the preliminary contract provided for in the article L. 261-15 du code de la construction et de l’habitation, the purpose of which is to record one of the transactions referred to in 1° of article L. 313-1, must indicate whether the price will be paid directly or indirectly, even in part, with or without the help of one or…
When the deed referred to in article L. 313-40 indicates that the price is paid, directly or indirectly, even partially, using one or more loans governed by the provisions of sections 1 to 5 and section 7 of this chapter, this deed is entered into under the suspensive condition of obtaining the loan or loans that finance it. The period of validity of this condition precedent may not be less…
When the deed referred to in article L. 313-40 indicates that the price will be paid without the aid of one or more loans, this deed shall bear, in the hand of the purchaser, a statement by which the latter acknowledges having been informed that if he nevertheless resorts to a loan he may not avail himself of the provisions of this chapter. In the absence of the indication prescribed…
For expenditure relating to the repair, improvement or maintenance of residential property or property used for both business and residential purposes, where the credit is secured by a mortgage, by another comparable security interest in residential property or by a right attached to residential property, and in the absence of a contract signed by both parties, the suspensive condition provided for in Article L. 313-41 can only result from a…
Where it is stated in the deed recording the loan that the loan is intended to finance real estate works or works by means of a development, construction, project management or contractor contract, the court may, in the event of a dispute or accidents affecting the performance of the contracts and until the dispute is resolved, suspend the performance of the loan contract without prejudice to any right of the…
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
Resources
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
Useful links
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.
