To be valid, the sales contract must be notified to the tax authorities within ten days of its signature. In addition, if it is granted for a period of more than 18 months, it must be provided by an authentic instrument. The registration fee to be paid by the buyer is 125€. Often in a hurry to round, the buyer and seller sometimes think that the signing of the pre-contract does not lead too much. This is not true: despite its name, this pre-agreement constitutes a real „contract” that leads to important obligations for both parties. It allows them to define the conditions of the future sale and to underline their agreement. Although it is not prescribed by law, this document remains indispensable. Unlike the sales contract, the preliminary contract does not have to be registered with the tax authorities. This lack of fees seems to be an advantage. However, in the event of a dispute relating to the execution of the preconditions, the parties remain bound by the sales contract, except by an amicable agreement or a court decision, in the case of a unilateral sales contract, the parties regain their freedom. If the option is not used by the buyer Whether it is a contract of sale or a pre-contract, the buyer and the seller can decide by mutual agreement to add suspensive clauses. These make it possible to foresee the nullity of the pre-contract if certain events were to occur before the final sale (each of the parties regains its freedom).
Indiscriminately as an offer to purchase, a unilateral contract of sale or simply known as a price offer, this document presented by some real estate agents should be treated with caution. Its main feature is to get the buyer and not the seller to commit. In the preliminary contract (or „bilateral sales contract”), sellers and buyers agree to round off the sale at a jointly fixed price. From a legal point of view, the preliminary contract is the same as a sale. If either party abandons the transaction, the other may compel the other party to do so by additional legal means, damages and interest. Contract of sale (also known as a „unilateral preliminary contract”), the owner has agreed with the potential buyer (known as the beneficiary) to sell him his property at the set price. This results in an exclusive „option” for a limited time (usually two to three months). During this period, he is prohibited from abandoning the sale or offering the property to another buyer.
The prospective buyer benefits from the agreement to decide whether or not he wants to buy. A decisive advantage! In return, he pays the seller a childbirth service that theoretically corresponds to 10% of the sale price. If he decides to acquire it, this indemnity is deducted from the amount to be paid. However, if he renounces the purchase or if he does not show his acceptance within the option period, the owner acquires the benefit as compensation. Use Vendor Relationship Management (VRM) to control the information that results from interacting with your suppliers. Are you about to sign a pre-contract? This is called the „preliminary contract”. The preliminary contract and the sales contract are two contracts with different consequences for buyers and sellers. Whatever your reason, the sums you have paid must in any case be fully reimbursed to you.
This withdrawal period begins the day following the manual delivery (or the signing of the deed if it is kept by the notary) in the case of an authentic sales contract or the first presentation of the registered letter containing the pre-contract, in case of private signature. As a buyer of a new or old house, sign a pre-contract, a unilateral agreement: you have a period of ten days (incompressible) during which you can reconsider your commitment (by registered letter with acknowledgment of return). . . .