France: Délais de rétractation modifiés dans les achats ou les ventes des appartements et des maisons par cette urgence sanitaire ANGLAIS et ALLEMAND

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Revocation periods modified in the purchases or sales of apartments and

houses by this CQFD health emergency not insurmountable WHAT YOU NEED TO KNOW

                         En France: Délais

de rétractation modifiés dans les achats ou les ventes des appartements et des

maisons par cette urgence sanitaire CQFD pas insurmontable CE QU’IL FAUT SAVOIR

In France: Modified withdrawal periods in the purchase or sale of

apartments and houses by this CQFD health emergency not insurmountable WHAT YOU

NEED TO KNOW

In Frankreich: Geänderte Widerrufsfristen beim Kauf oder Verkauf von

Wohnungen und Häusern durch diesen CQFD-Gesundheitsnotfall nicht unüberwindbar,

WAS SIE WISSEN

MÜSSEN                

Faced with the health crisis and the difficulties of confinement, the

Government took 25 orders (publication of the Official Journal of March 26,

2020) in application of the emergency law n ° 2020-290 of March 23, 2020.

The purpose of orders is to adjust or suspend time limits to adapt them

to the constraints of confinement in order to maintain economic activity. We

can cite, the Ordinance n ° 2020-306 regarding the extension of the deadlines

expired during the health emergency period and the adaptation of procedures.

Apartments and houses in Mulhouse, Rebberg and Alsace are concerned

According to article 2 of this ordinance n ° 2020-306, are concerned

"any act, appeal, legal action, formality, registration, declaration,

notification or publication prescribed by law or regulation under penalty of

nullity, sanction, lapsing , foreclosure, prescription, unenforceability,

inadmissibility, expiration, automatic withdrawal, application of a special

scheme, non-existence or forfeiture of any right whatsoever and which should

have been accomplished during the period mentioned in article 1 ”.

Even if these provisions are commendable, this article will impact by

its general nature the promises or compromise of sale within the time limits

which are imposed there.

What about delays, transactions and pre-emption of town halls?

For deadlines, article 1 of the ordinance specifies “with the deadlines

and measures which expired or which expire between March 12, 2020 and the

expiration of a period of one month as from the date of cessation of l 'state

of health emergency'.

This freeze of deadlines could only concern formalities or notifications

prescribed by law or regulation within the meaning of the aforementioned

article 2.

Adjustments between the parties, such as an extension rider, should

therefore not be affected by these deadlines.

In the case of compromises or promise to sell, there will therefore be a

10-day withdrawal or reflection period provided for in article L.271-1 of the

Construction and Housing Code (CCH).

This withdrawal period is called "SRU" by the real estate

players.

The response time of the municipalities in the event of pre-emption of

the property as well as the period of 1 month (article L.313-41) for the

condition precedent of obtaining the loan.

Regarding the buyer's withdrawal period (SRU) of 10 days, if it should

expire during the "freeze" period mentioned in article 1, namely:

between March 12, 2020 and the end date State of Health Emergency + 1 month.

For a house or an apartment the individual purchaser will therefore have

a new period of 10 days to retract from the end of said period to which is

added a period of one month, this concerning all the notifications that have

been made from March 3, 2020.

Thus, as an example for the right of withdrawal which should have

expired on March 13, 2020, the purchaser may retract at the expiration of a new

period of ten days following the end of the so-called health emergency period

to which is added an additional month.

If the state of emergency ended on May 23, 2020; in this case the

purchaser could withdraw until midnight July 2, 2020 (May 23 + one month + 10

days).

Can we ignore this provision?

The text is intended to protect the parties to allow them to exercise

their rights in this context of confinement, but this provision is not intended

to paralyze a sale, to postpone the purchase of real estate.

In fact, the press kit presenting these 25 orders indicates in

particular “the procedures, whatever their form (act, formality, registration),

the failure of which can result in legal effects such as a sanction () they may

be issued at the end of this period within the period normally provided for,

and at the latest within two months of the end of this period. "

POSSIBILITY TO WAIVE THE POSTPONEMENT OF THE SRU DELAY? YES, BUT

At the time, the transaction professionals were concerned about the

effects of Order No. 2020-306 relating to the extension of time limits and the

adaptation of procedures during this period.

On March 31 the Minister Julien DENORMANDIE, recognized that the

ordinances published could imply certain difficulties for the sector of the

Housing, there are therefore adjustments to appear. Indeed, in the report

submitted to the President of the Republic, it is expressly specified that

"the ordinance does not provide for suppressing the performance of any act

or formality () it simply allows to consider as not being late the act

completed within the additional time limit. "

The Circular of presentation signed by the Director of civil affairs and

the seal (n ° CIV / 01/20 - references C2 / DP / 202030000318 / CB) goes in

this direction