During this period, it is forbidden to abandon the sale or offer the property to another buyer. The buyer benefits from the agreement to decide whether he wants to buy or not. A decisive advantage! In return, it pays the seller a containment benefit that theoretically corresponds to 10% of the sale price. If he chooses the acquisition, that compensation is deducted from the amount to be paid. However, if the owner renounces the purchase or does not give consent within the option period, the owner acquires the benefit as compensation. Often in a hurry to round up, buyers and sellers sometimes think that signing the preliminary contract doesn`t lead too much. This is not true: despite its name, this front-line agreement constitutes a real “contract” that gives rise to important obligations for both parties. It allows them to specify the terms of the future sale and highlights their agreement. Although not legally binding, this document remains essential. Unlike the sales contract, the interim agreement must not be registered with the tax authorities. This lack of royalties seems to be an advantage. However, in the case of litigation, the parties remain bound by the sales contract in the case of a unilateral sale contract, unless, in the case of a unilateral sale contract, the parties are bound by the sales contract, unless, in the case of a unilateral sale contract, the parties are reintegrated into their liberty. If the option is not applied by the buyer in the pre-agreement (or “bilateral sales agreement”), the seller and buyer agree to round up the sale at a common price.
Legally, the pre-contract is the same as a sale. If one party renounces the transaction, the other may compel the other to do so with additional damages. Whatever your reason, the sums you paid must be reimbursed in full. This retraction period runs from the day after the surrender (or the signature of the deed, if it is held by the notary) in the case of a sales contract concluded in the authentic form or the first presentation of the recommended letter with acknowledgement containing the pre-contract, in the case of a private signature. Buyer of a new or old home, sign a pre-contract, unilateral agreement: you have a period of ten days (irreducible) during which you can reconsider your commitment (by letter recommended with acknowledgement). Are you about to sign a pre-contract? This is called the “pre-contract.” The preliminary contract and the sales contract are two contracts with different consequences for the buyer and seller. The sale agreement (also known as a “unilateral preliminary contract”) is agreed with the potential buyer (known as the beneficiary) to sell the property to him at a specified price. As a result, it results in an exclusive “option” for a limited period (usually two to three months). To be valid, the sales contract must be registered with the tax office within ten days of signing. In addition, if granted for a period of more than 18 months, it must be carried out by an authentic act. The registration fee paid by the buyer is 125 euros. This document, presented by some real estate agents, should be indiscriminately qualified as an offer to buy, a unilateral sale contract or simply a price offer and should be treated with caution.
Its main feature is to hire the buyer and not the seller. Whether it is a sales contract or a preliminary contract, the buyer and seller can agree to add suspensive clauses. These allow us to anticipate the nullity of the preliminary contract if certain events occur before the final sale (each of the parties regains its freedom). For example, if the latter is sent on the 10th of the month and its first presentation is the 12th, the deadline expires from the 13th and expires on the 22nd at midnight.