The seller of a building to be constructed is bound, as from acceptance of the work, by the obligations to which architects, contractors and other persons bound to the client by a contract for the hire of work are themselves bound pursuant to Articles 1792, 1792-1, 1792-2 and 1792-3 of this Code. These guarantees benefit successive owners of the building. There will be no grounds for rescinding the sale or…
If the thing which had defects has perished as a result of its poor quality, the loss shall be for the seller, who shall be liable to the buyer for restitution of the price and for the other damages explained in the two preceding articles. But the loss which has arrived by fortuitous event shall be for the buyer’s account.
An action arising from redhibitory defects must be brought by the purchaser within two years of discovery of the defect. In the case provided for by Article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller may be relieved of the defects or apparent lack of conformity.
It does not take place in sales made by judicial authority.
The buyer’s main obligation is to pay the price on the day and at the place settled by the sale.
If nothing has been settled in this respect at the time of the sale, the buyer must pay at the place and time at which delivery is to take place.
The buyer owes interest on the sale price until payment of the principal, in the following three cases: If it was so agreed at the time of the sale; If the thing sold and delivered produces fruit or other income; If the buyer has been summoned to pay. In the latter case, interest runs only from the summons.
If the purchaser is disturbed or has just cause to fear that he will be disturbed by an action, either mortgage or revendication, he may suspend payment of the price until the seller has put an end to the disturbance, if he prefers not to give security, or unless it has been stipulated that, notwithstanding the disturbance, the purchaser will pay.
If the buyer fails to pay the price, the seller may request that the sale be rescinded.
The cancellation of the sale of immovable property is pronounced immediately if the seller is in danger of losing the thing and the price. If there is no such danger, the judge may grant the purchaser a longer or shorter period of time depending on the circumstances. Once this period has passed without the purchaser having paid, the cancellation of the sale will be pronounced.
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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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