The signing of the final sales contract for new accommodation, how is it going?

The signing of the final sales contract for new accommodation, how is it going?

Vincent Cuzon - July 4, 2019

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When you buy new housing on a plan, the signing of the final sales contract is an essential step.Where is the contract signed and what are the procedures to follow?Everything you need to know.

What is the sales contract for new accommodation?

The contract for the sale of new housing is necessarily concluded by notarial deed, as soon as all the conditions for the completion of the sale are met, a few months after the signing of the reservation contract.The sales contract must include the contact details of the seller and the buyer.He must also specify the exact and detailed description of the accommodation and his situation in the building, the date of delivery (preferably in months)), possible delay penalties, the price or the conditions of revision and the penalties in the event oflate payment.The condition suspensive, allowing the buyer to give up the purchase if he cannot obtain his mortgage, must also be annotated in the sales contract.The same goes for the extrinsic warranty (provided by an organization outside the promoter)) for completion of the work and for the repayment guarantee for default.The call of funds according to the progress of the site, must also be specified in the contract.The contract must also contain certain annexes, such as the plan and the descriptive technical notice of the new housing, the co-ownership regulations, the damage insurance certificate of the promoter or the plan side.The latter may very well not be annexed if it can be viewed at the notary.

For the signing, the notary, the promoter and the buyer must be present

The authentic deed of sale must be given to the buyer, in hand or by registered letter with acknowledgment of receipt, at least one month before his signature with the notary.This period allows the buyer to verify the content of the contract and its annexes, in order to sign with full knowledge of the facts.On the day of the signature, the notary reads the authentic act taking up the object and the conditions of the sale.The promoter and the buyer must then affix their signatures on the contract.The notary must also affix his seal to the act in order to give him his authentic form.A certificate of property will then be given to the buyer who will receive, a few months later, the signed and recorded version of the deed of sale, accompanied by a final account of costs and taxes.

Key number

The authentic deed of sale must be sent to the buyer at least 1 less before the signing of the sales contract.

Video: the key steps in the signing of the sales contract

And after it happens?

If the buyer of a new accommodation on plan finally wishes to retract when signing the final act, this will be easier if the sales contract has not been preceded by a reservation contract.In this case, the Buyer has a 10 -day reflection period, starting the day after the delivery by the notary of the deed of sale or the first notification of the act by registered letter with accusedreception.To publicize his decision to renounce this sale, the buyer must send a registered letter with acknowledgment of receipt before the expiration of the reflection period.On the other hand, if the sales contract had been preceded by a reservation contract, the buyer must give a precise justification, demonstrating that the promoter did not keep his commitments, to be able to retract.It can only rely on the possible defects of the property (hidden defects, deadlines not held without justification, etc..)). Si le contrat ne contient pas toutes les clauses obligatoires (date de livraison, garantie d’achèvement des travaux…)), l’acquéreur peut également en demander l’annulation en justice avant l’achèvement des travaux.

Good to know

Any modification made to the authentic sale contract in relation to the reservation contract is a reason to break the contract, even once the retraction period expired.

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