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Procedures in progress in an AG report: should we give up the purchase?

In what cases can a procedure be launched in co -ownership?

A procedure can be launched if an owner has not paid for his charges."A bailiff's formal notice that can generate a forced sale of the lot can be launched to stimulate this co -owner and force him to settle the situation," explains Maître Criqui.If it is not able to do so and the sale of the lot actually takes place, the union will reimburse itself on the sale price, proportionately to charges that will not have been paid ".

A procedure can also be launched vis-à-vis third parties."It happens, for example, that the condominium has initiated work having required a permit against which an appeal is brought," says master criqui.

If it is a new building, a procedure can be launched via damage insurance, as part of the ten-year warranty applicable within 10 years of receipt of work.

Should we give up its real estate purchase in the event of a current procedure?

Procédures en cours dans un procès-verbal d'AG: faut-il renoncer à l'achat ?

All important information concerning the condominium must therefore be sent to you, at the latest during the sales compromise.After the signature of this one, you have 10 days to retract.

Find out about the nature of the current procedure

The existence of a procedure does not necessarily imply large risks for you.Ask your notary, who will help you make the right decision."A procedure in recovery of charges towards a co-owner in a large co-ownership does not represent a big risks for the buyer," emphasizes Maître Criqui.The procedure will, on the contrary, recover the unpaid charges.On the other hand, the absence of procedure in the case of very important unpaid, reaching for example 20 or 30,000 euros, can be a justified source of concern.But the most important thing, whatever the decision taken by the buyer, is that the latter is aware of the risks incurred if he joins a condominium in financial difficulty and if he buys, that this is aware of the facts.»»

Current procedures: an impact on the price?

It is not uncommon to see a property for sale at a price lower than the market price.It is often the sign of a defect or due to one (or even several) procedure in progress...It also depends on the property that you plan to buy, its location, its purchase price (reaching a condominium in financial difficulty can have an impact on the sale price).It's up to you to weigh the pros and cons, as an informed and enlightened acquire.

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