VEFA dispute
3 Actions to take to solve your problem
drafted by a VEFA lawyer.
or Do you need a VEFA expert?
Contents
Delayed construction? This is common in VEFA and if you have bought a VEFA or off-plan flat, you know that things do not go as smoothly as expected. Frequently, there can be delays, defects and non-conformities.
If you wish, our support begins with the signing of the reservation contract, which precedes the deed of sale, in which all the elements are mentioned:
- description of the property
- selling price,
- provisional delivery date,
- legitimate reasons for suspension,
- various guarantees (completion guarantee, two-year guarantee, ten-year guarantee)
- the financial guarantee of completion, which ends on completion of the building: The GFA can no longer be invoked after the building has been completed within the meaning of Article R 261-1 of the CCH.
Delays in VEFA or off-plan are common.
The costs that the buyer has to bear are multiple (flat to rent, double penalty: credit + rent, sale of main residence and in view of the delay, renting quickly perforated, psychological impact, storage costs, ...).
In this case, damages should be claimed.
Read a real case in VEFA treated by Me Zakine
Extract: " "There is no communication. The promoter does not respond to my emails and letters of formal notice. "In any case, I re-read the contract and the promoter is within his rights. There is a clause that allows him to justify his delay. are the classic phrases I hear most from the promoter and the clients.
In some cases, the delivery date is purely anecdotal. When the developer does not provide for a pre-delivery inspection, when the date for inspecting the partitions is postponed, when force majeure events are invoked to justify delays, or when the building code is cited, there is a bad feeling about the performance of the VEFA contract.
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If purchasers are experiencing delays in VEFA delivery, it is in their interest to engage with the developer to find out the causes of the delay and to put pressure on the developer to understand that they cannot be made to put up with constant postponements with impunity.
Exchanges can be made by e-mail but the most formal letter of formal notice, the one that will precede legal action and the one by which the buyer intends to highlight his exasperation with the situation, must be sent by registered mail with acknowledgement of receipt.
Once the deed of sale has been signed, there may be huge delays and you may want to consider claiming compensation for the damage suffered.
This delay may have been hidden by the developer and the buyer will notice it when a new estimated delivery date between the signing of the delivery contract and the signing of the deed of sale is already deplored.
The Vefa contract must be accompanied by a financial guarantee of completion or repayment, which can be called upon by the purchaser in the event of the seller's financial default.
The developer's default is characterised by a lack of availability of the funds necessary to complete the building (CCH art. L 261-10-1).
This financial guarantee of completion is also included in contracts for the construction of single-family homes (CCMI).
It should be noted that since 1 July 2016, a copy of the certificate of completion required to release the guarantor must be given to the notary (CCH art. R 261-24, al. 2 issued from decree 2016-359 of 25-3-2016 art. 7).
These textual clarifications may then raise the question as to why the Notaries as well as the guarantor were not more involved in THE APOLLONIA CASE which contributed to the ruin of so many buyers. As a reminder, this case is still ongoing.
It is sometimes possible to ask for compensation from the developer of your VEFA (vente en état futur état d'achèvement). You must ask for them in the right way and in a precise manner.
1 - Send a Letter of Formal Notice
A formal notice must be served to claim compensation for late delivery. The formal notice is the first step in a sale with future completion. It is also important to refer to the contractual documents (reservation contract, etc.). What's more, any delay in delivery of a new flat must be recorded by a bailiff. You also need to know what to ask the bailiff. Be accompanied by a lawyer specialising in VEFA is important.
As the name suggests, the buyer or his lawyer will put the buyer on notice to produce documents and confirm the new estimated delivery date or to provide a new one (in case of postponement but not followed by the delivery of a new estimated delivery date).
At the time of the provisional delivery date, in case of delay, you will have to send a letter of formal notice by registered mail.
This letter is the first step in a claims procedure.
This letter, although simple in appearance, can be written by yourself, or for greater security, by a regular VEFA advice (count between €300 and €700 depending on the complexity).
This letter of formal notice in VEFA is the first step in a procedure to claim compensation for delay.
If the promoter fails to respond, the case is taken to court.
This will also be an indicator for you. If there is no response from the developer within 6 weeks on average, you should consider that it will be difficult to negotiate.
In this case, the support of a lawyer and the start of proceedings to claim compensation for late payment is strongly recommended.
Launching a procedure is a way to obtain a negotiation.
2 - Have a bailiff's report made
Any delays should be recorded by a bailiff. You still need to know what to ask the bailiff. Bailiffs are the only people who can make a physical record of the delay.
The file thus compiled will be added to the loss suffered as a result of the delay in the delivery time.
Buying under the vefa scheme is therefore a very good option, but you need to be very careful: reread your deed of sale and be familiar with it, reread your contract of sale and take note of all the terms and conditions. deadlines and the scheduled delivery dates as construction progresses.
Knowing your sales contract and its clauses is important for claiming late penalties.
3. Get in touch with a VEFA expert, who practices daily for help!
A VEFA expert does not exist! Quite simply because VEFA is not a specialty but a contract that is drawn up between the buyer. Contacting a VEFA lawyer is an important thing.
A simple one-hour consultation enables us to find out where you stand and what your options are (breaking the sale (rescinding the sale), claiming compensation or damages). The cost of this first consultation is €120 with Maître Zakine.
Indeed, in case of delay (late delivery of new flat,
a builder must pay a late delivery penalty proportionate to the length of the delay if the delay exceeds 30 days.
However, the promoter is not obliged to include a clause on penalties for delay.
The penalties corresponding to the sum of 1/3000th of the price of the new house per day of delay are only applicable to contracts for the construction of individual houses (CCMI) and not to VEFA.
It is therefore necessary to be accompanied in order to find out the best way to obtain compensation in the event of a delay in the delivery of a VEFA.
These are calculated in a certain way. Maître Zakine is at your disposal on his online calendar or by telephone to help you with your purchase.
Ms zakine analyses the various documents provided to you and works with you to adopt the best strategy.
Master Zakine is a lawyer VEFA and CCMI
She consults and works throughout France.
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The firm adapts to the schedules of working people.
Master Zakine, Doctor of Lawa lawyer, is involved in VEFA delays (covid or not).
The law firm has expertise in VEFA delay actions.
A VEFA problem?
Maitre Zakine, lawyer, Doctor of Law, is a lawyer practicing VEFA on a daily basis.
His regular practice of construction law applied to VEFA and CCMI will help you through the process.
Contact her for an initial consultation.