“They had signed, but the town hall has canceled everything”: these buyers trapped by the right of urban pre -emption live a legal nightmare

Investing in real estate is often perceived as a dream, a crucial step in the life of many households. However, this course is sometimes strewn with unexpected pitfalls which can delay or even cancel a well -committed purchase. In addition, These obstacles, although inconvenient, can be decisive for the smooth running of the “they had signed, but town transaction. Therefore, Let’s discover three situations together that can transform this dream into a nightmare. Consequently, how to anticipate them to avoid unpleasant surprises.

The right of urban preemption: a sword of Damocles – "they had signed, but town

The right of urban pre -emption is a powerful tool. For example, available to local authorities. For example, This right allows them to acquire a good sale, priority on any other potential buyer. Additionally, For example, He can thus cancel a signed sales compromise. Meanwhile, leaving the seller as the distraught buyer in the face of this unilateral decision.

When an owner wishes to sell a property located in a pre -emption area. However, it is required to inform the town hall via a declaration of intention to alienate. Therefore, The community then has two months to express its intention to buy the property. Consequently, In the absence of a response, the seller can conclude the sale “they had signed, but town with the initial buyer. Therefore, But if the community decides to exercise its law. Similarly, it can impose its own conditions, which may include a renegotiation of the price.

Faced with this uncertainty, it is crucial for potential buyers to learn upstream about the status of the coveted property. An open dialogue with local authorities can sometimes clarify the situation and avoid costly disillusionment.

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No exception to the right of urban pre -emptive – "they had signed, but town

It is important. to note that the right of urban pre -emption does not suffer from any exception. Even in situations where the seller wishes to transmit his property to a member of his family. the municipality can decide to preempt. A judgment of the Court of Cassation in 2019 confirmed the legitimacy of such an approach.

However, in the event of disagreement, an appeal in cancellation can be envisaged. If the pre -emption is not intended to promote urban development. the potential owner or buyer may contest this decision before the administrative court within two months of the display of the pre -emption notice.

This procedure can however be long. costly, and it is often more judicious to find common ground with “they had signed, but town the community concerned. Dialogue remains a precious weapon to defuse potential conflicts.

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The mortgage: never guaranteed funding

When a real estate purchase is conditioned by obtaining “they had signed, but town a loan. the signing of a promise to sell generally includes a suspensive clause. This clause protects the purchaser in the event of refusal of the loan. allowing him to withdraw from the purchase without penalty.

However, the refusal of a loan is not uncommon. Banks may decide not to finance a project due to the buyer’s financial situation. the instability of the real estate market. This situation can be destabilizing. but it allows the parties to start on new bases without being held by unreasonable financial commitments.

It is therefore advisable to properly prepare your financing file upstream. to consult several banking establishments and not to hesitate to call on a broker to optimize his chances of obtaining a favorable loan.

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Delay in the signing of the deed of sale: an endless expectation

Despite the signing of a sales compromise. a seller can delay the conclusion of the transaction by not providing the documents necessary for the notary. This situation, although frustrating, does not cancel the sale. The notary will patiently wait for the reception of all the elements to formalize the act.

In these cases. “they had signed, but town patience is often in order, but it is recommended to maintain an open communication between all parties to avoid misunderstandings. If no amicable solution is found. the buyer can start a procedure in forced execution of the sale, although this is rarely necessary.

The key lies in the preparation and rigorous monitoring of each stage of the sales process. Buyers must remain attentive and proactive to guarantee a fluid transaction.

Acquiring a property is a path dotted with challenges. Each obstacle can nevertheless be overcome with adequate preparation and good communication. For those who embark on this adventure. what strategies would you adopt to secure your real estate purchase and avoid setbacks?

This article is based on verified sources and the assistance of editorial technologies.

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