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.
The seller is obliged to explain clearly what he is obliging himself to. Any obscure or ambiguous agreement is construed against the seller.
He has two main obligations, to deliver and to guarantee the thing he sells.
Delivery is the conveyance of the thing sold into the power and possession of the buyer.
The obligation to deliver the buildings is fulfilled on the part of the seller when he has handed over the keys, if it is a building, or when he has handed over the title deeds.
The delivery of chattels is effected: Or by the handing over of the thing, Or by the handing over of the keys of the buildings containing them, Or even by the sole consent of the parties, if transportation of them cannot be effected at the time of the sale, or if the buyer already had them in his power on some other basis. .
The tradition of intangible rights takes place, either by the delivery of the titles, or by the use that the acquirer makes of them with the consent of the seller.
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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
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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
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