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Article R313-11 of the French Consumer Code

The creditor or credit intermediary shall explicitly indicate to the borrower whether it offers the advisory service referred to in Article L. 313-13. Before the conclusion of the contract relating to this service, it specifies, on paper or on any other durable medium: 1° Whether it is an independent adviser referred to in article L. 313-14; 2° If the recommendation made in the context of this service relates to the…

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Article R313-12 of the French Consumer Code

In order to be able, in the context of providing an advisory service, to recommend appropriate credit agreements to the borrower, the creditor or credit intermediary shall gather the necessary information on the borrower, on his personal and financial situation and on his preferences and objectives. This recommendation is based on up-to-date information and on reasonable assumptions as to the risks incurred by the borrower during the term of the…

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Article R313-14 of the French Consumer Code

The assessment of solvency is based on information relating to: 1° The borrower’s income, savings and assets; 2° The borrower’s regular expenditure, debts and other financial commitments. The creditor shall take into account, as far as possible, events that may occur during the term of the proposed credit agreement such as, where applicable, a possible increase in the borrowing rate or a risk of a negative change in the exchange…

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Article R313-15 of the French Consumer Code

The creditor or credit intermediary shall warn the borrower of the need to provide accurate and complete information so that a proper assessment can be made. The lender or credit intermediary shall inform the borrower that credit cannot be granted if the lender is unable to carry out a credit assessment due to the borrower’s refusal to provide this information. The creditor shall keep proof of this warning on a…

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Article R313-16 of the French Consumer Code

When, pursuant to article L. 313-16 the creditor requests the information and supporting documents necessary to verify creditworthiness, and indicates the deadlines by which these items must be provided. Where necessary, the creditor may request clarification of the information received in response to the request. .

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Article R313-17 of the French Consumer Code

The property valuation expert mentioned in 1° of article L. 313-20 is: 1° Either an external appraiser, a natural or legal person, who is an appraisal expert with no ties to the lender, whether subordinate, family or capital, and who has no personal economic interest in the appraised property; 2° Or an internal appraiser, a natural or legal person, who does not meet one or more of the conditions mentioned…

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Article R313-18 of the French Consumer Code

The appraiser provides evidence of professional skills resulting from:1° Either a higher education diploma attesting to specific real estate training and professional experience of at least three consecutive years with a real estate appraiser or a real estate appraisal firm ;2° Or a higher education diploma, supplemented by specific real estate training sanctioned by a diploma and professional experience of at least two consecutive years with a real estate appraiser…

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Article R313-19 of the French Consumer Code

The appraiser ensures that his/her knowledge useful for the appraisal is kept up to date in the technical, legal, tax and accounting fields, through appropriate professional training that takes particular account of changes in the applicable legislation or regulations. They must provide proof that their skills have been kept up to date as part of their continuing training, by presenting certificates.

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Article D313-20 of the French Consumer Code

The documents mentioned in Article L. 313-22 of the French Consumer Code are : 1° The appraisal document and the documents mentioned in article L. 313-21; 2° Documents proving that the expert meets the requirements set out in article L. 313-20.

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