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You want to secure a real estate transaction
The importance of the preliminary contract. The use of a preliminary contract is not obligatory but allows you to save time to prepare for the final sale. This document must be drafted by a real estate professional (a lawyer for example), who will specify the conditions of the sale, the property, its surface area and its price.
The unilateral promise to purchase
In this type of pre-contract , the commitment weighs only on the buyer. This promise is useful in the context of a property blocked in a succession; it makes it possible to take a purchase option which is necessarily limited in time. On the other hand, any payment of money to the seller before the purchase would render this document void.
The unilateral promise to sell
It only binds the seller of the property, under the conditions provided for in the promise. The buyer is completely free. This freedom is free in principle but the purchaser is often asked to pay a sum of around 10% of the amount of the property, to compensate the owner of the fixed asset in the event of a refusal to purchase. If the buyer accepts the offer, the sale is said to be complete. If ever the seller refuses the sale, the buyer can force the execution of the sale and if necessary sixteen a court whose judgment will be worth sale.
The sales agreement
This is the strongest commitment since there is a commitment from the seller and the buyer. There is often a forfeiture clause which allows each party to be able to leave the contract, subject to the payment of a sum of money to the other party. If a party does not respect these commitments, the other party can try to request the forced execution of the sale from a court whose judgment will be worth sale. It will be necessary to publish the summons to paralyze any sale of the property.
DAMY Law Firm , Nice, Promise or compromise of sale, Update 2022
