I've put my property up for sale and it seems that Paris City Hall intends to use its right of pre-emption. Can I withdraw my declaration of intent to sell?

Yes, provided that the local council has not yet exercised its right of pre-emption (art. L.213-7 of the French town planning code). Indeed, the seller of a property subject to this right of pre-emption and having filed a DIA may unilaterally retract his offer to sell until it has been…
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I bought a VEFA property. My apartment was to be delivered at the end of October 2019. Delivery has been pushed back to the end of October 2020. Can I ask him to pay me compensation for this delay?

Yes, you can claim late delivery penalties or damages from your developer, if the delay causes you prejudice (e.g., rental of a storage unit for your furniture, accommodation costs, etc.). However, your promoter may not be held liable if there is a legitimate reason (bad weather, late delivery of materials…
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My cousins and I are selling a plot of land on which certain members of our family are buried. Will the purchasers become the owners of these graves, and will they be able to destroy them? Can we recover the bodies of our ancestors?

No, the new owners cannot destroy these graves. When they are located on private property, they have a perpetual character and are outside the scope of the sale (Cass. civ., April 11, 1938). Purchasers are not only prohibited from destroying them, but must also allow you access to them. Only…
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Our father (debirentier) predeceased the sellers (crédirentiers) of the property he bought as a life annuity. As the deceased's heir, do I have to continue paying the annuities until the sellers die?

Yes. As part of your father's estate, you inherited the property he had purchased as a life annuity, as well as the related debts. It is therefore your responsibility to continue paying the annuities until the death of the seller.
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My grandmother wants to sell her property, which she had given in bare ownership to her only son, from whom my brother and I are descended. My father died 2 years ago. We have given our consent to this sale.

Do we also need to obtain the agreement of our mother-in-law, who has opted for usufruct in our father's estate? Yes, your mother-in-law (your father's surviving spouse) has a successive or contingent usufruct on the bare property you inherited from your father. Therefore, in the event of the sale of…
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My father and mother-in-law made a last living gift to each other. When my father died, she chose the option ¼ in full ownership, ¾ in usufruct. As my hereditary reserve is subject to this usufruct, can I bring an action for reduction?

No. Article 1094-1 of the French Civil Code states in its 1st paragraph that "In the event that a spouse leaves children or descendants, whether or not from the marriage, he or she may dispose in favor of the other spouse either of the property he or she could dispose…
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Following the death of our mother, my brothers and I found ourselves in joint ownership of a property. As one of them had debts, his creditor applied to the courts for the property to be divided up, [...]

[...] leading the judge to decide that the property should be sold by auction. Is there any way to prevent the property from being sold at auction? Yes, article 815-17 of the French Civil Code stipulates that when the personal creditors of an undivided co-owner initiate partition, " the co-owners…
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My Charente-Maritime notary has to come to Paris to sign a deed of sale. As he doesn't have any premises in Paris, can this signature take place in my buyer's professional warehouses?

No. Article 12.1 of the national regulations governing notaries stipulates that " In the interests of the dignity and independence of his functions, the notary may, save in exceptional circumstances, only receive clients and deeds in his office, in ancillary premises and in one or more ancillary offices or in…
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My wife and I signed a preliminary sales agreement 5 days ago. I want to withdraw but my wife refuses. Does my withdrawal imply that of my wife?

Yes, if the preliminary sales agreement you signed with your wife designates the two of you as inseparable purchasers, and you are married under the community of property regime, in accordance with the ruling of the French Supreme Court dated September 14, 2017 (N°16-17.856).
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French property market report n°49 / October 2020

09 November 2020

French property market trends, french property prices in the 2nd quarter of 2020, consequences of the coronavirus on real estate in France: French