THE OBLIGATORY
DIAGNOSIS GAS FROM NOW ON :
As from November 1, a "diagnosis gas" is necessary for any operation
of sale concerning all the goods with use of dwelling whose installation of gas
has more than 15 years. This state of the interior installation of gas of which
the period of validity is limited to 3 years includes/understands: - the state
of the fixtures of heating and production of domestic hot water or putting a
thermal engine, supplied with gas - the state of fixed pipings of gas supply
and their accessories - the installation of the buildings where function the
gas appliances, allowing the ventilation of these buildings and the evacuation of
the products of combustion. It is a question of preventing certain risks
related to the use of the gas (escape, fire, intoxication...)
THE ENERGY DIAGNOSIS PERFORMANCE:
Envisaged at the origin for July 1, 2006, the
application of the energy diagnosis of performance (DPE) is deferred to the
1ernovembre 2006 for the sale. The DPE must be attached to any commitment to
sell or, in the absence of promise, to the notarial act of sale. It is what the
decree of application of this diagnosis indicates. These diagnoses carried out
by professionals will make it possible to identify estimated consumption of
energy of the residences and the buildings put on sale and will make it
possible to the owner to locate the most effective work to save energy.
SALE CONTRACT:
Act noting the final transfer of property enters the salesman
and the purchaser. The authenticated form is obligatory for the needs for land
publicity. On average, 8 to 9 weeks are necessary between the compromise of
sale and the sale contract to make it possible to the purchaser to obtain his
possible credit and to the notary to join together the administrative documents
necessary to the establishment of the act.
ASBESTOS:
Any owner salesman has the obligation to seek the presence of
asbestos, to measure his stage of degradation of it and if necessary, to make
carry out work of désamiantage. The regulation relates to all the buildings
with use of dwelling or activity, in joint ownership, as well for the common
parts as for the privative parts - control of the presence of asbestos in
flockings: for the buildings built before January 1 1980- controls presence of
asbestos in heat insulations: for the buildings built before July 29 1996-
controls presence of asbestos in the false ceilings: for the buildings built before
1 July 1997Avant the signature of the sale in the notary, it will be requested
from the salesman to provide the diagnosis "asbestos".
ANNOUNCE:
The small advertisements passed by a real estate agent must be
sincere, under penalty of publicity strong. Lor cost remains with his exclusive
load: it cannot ask any refunding nor participation in its customer. The
advertisement must mention amount including all taxes of the commission put at
the load of the purchaser, if it is not included in the price.
GOOD OF VISIT:
That it acts of sale or hiring, the real estate agent can make
sign with the candidate (tenant or purchaser) a good of visit. It is a document
by which the customer of the estate agency admits having visited a real estate
by his intermediary.
PROFESSIONAL CHART:
The activity of real transaction is strictly regulated by
the law Hoguet since 1970.Au-beyond obligations of morality, the agent must
justify of a professional capacity - diplomas or experiment - of a public
liability insurance and a financial guarantee for the held funds. If it answers
all these conditions, the prefecture delivers a professional chart to him which
is worth authorization to exert. This chart is renewed every year after control
by the authorities.
COMPROMISE OF SALE:
The compromise of sale, which one also sometimes calls
"synallagmatic promise of sale" is a preparatory contract with a
final sale. For as much, the salesman and the purchaser engage already each
one, firmly and definitively. The transfer of property and the payment are
simply deferred to a later date. The sale is so to speak concluded but it will
take effect only tardily.
CONDITION PRECEDENTS:
The suspensive clauses, in a compromise of sale cause to
suspend the sale with the realization of a future and dubious event. Thus, if
the event is carried out, the sale could be done; if it is not carried out, the
promise or the compromise of sale will be cancelled - and its recipient will
recover the sums which it has gived. A preliminary contract or compromise of sale
is generally matched condition precedent of obtaining loan by the purchaser. In
virtue dece principle of contractual freedom, since the salesman and the
purchaser agree, a great diversity of condition precedents can appear in the
preliminary contract (for example, preliminary resale by the recipient of a
promise of its preceding housing).
FEES:
The fees of the real estate agents have been free for eleven years and
vary between 4 and 8% of the amount of the sale. There is not official tariff.
The agency has however the obligation to post its scale of fees in a visible
way for the customers.
IAL:
Information of the purchasers and tenants (IAL) on the risks and the
disasters the law of July 30, 2003 relating to the prevention of the
technological and natural risks and to the compensation for the damages
introduced the obligation of information of the purchasers and tenants of real
estate by the salesmen and financial backers on the risks to which a good is
subjected and disasters that it underwent. As from the 1st juin2006, at the
time of each real transaction, the purchaser or lelocataire will be informed,
by his salesman or his financial backer, of the risks which relate to this
good, as well as disasters having given place to a compensation under the terms
of a recognition for natural disaster.
LAW SQUARE:
Voted December 1996 and applicable since June 1997, the purpose of
the law Carrez is to protect the purchasers from batches in joint ownership.
Thus, any commitment to sell must indicate the surface of the good under
penalty of nullité.Si real surface is lower of more than 5% than that indicated
in the sale contract, the purchaser can claim with a reduction in price, calculated
in proportion to the number. Which return in the calculation of the area: -
surface closed parts and glazes of which the height under ceiling is to 1,80 m
What does not return in the calculation of the area : - height
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