this essential date to be used to claim compensation for delay

The purchaser of a building to be constructed may complain of the delay in delivery only in relation to the date noted in the notarial deed of sale. This is what the Court of Cassation has just indicated.

the delivery time indicated in the order form or reservation of a building to be built or renovated does not, however, no real valueunderlined the Court of Cassation on October 12th.

According to this principle, the Court of Cassation canceled the compensation that had been granted to purchasers of lots in a residence to be built. These buyers had decided to make an investment linked to a tax advantage by buying apartments which were then to be rented out by a company managing the residence, according to the seller’s promises.

As the delivery had suffered significant delays in relation to the date indicated in the reservation contract, the customers had claimed compensation, emphasizing that these delays were likely to cause them to lose a tax advantage.

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But only the deadline indicated in an authentic deed, that is to say signed before a notary, commits the seller, have corrected the judges. According to the law inserted in the consumer code, it is the notarial deed which describes the building or part of the building sold, the price and terms of payment, the delivery time, the description of the worketc…

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