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All the real estate in some laws



Loi carrez (name of its author, the Carrez deputy)

It is about law 96-1107 of the December 18,1996 improving protection of the batches of joint ownership, which modified article 46 of the law of the July 10,1965 fixing the statute of the joint ownership of the built buildings.
This law obliges to mention the privative surface of the batches of joint ownership in very before contract and any sale contract.

The requirement of the indication of the surface is supplied with a double sanction for the exclusive benefit of the purchaser:

- an action for annulment of the act in the event of omission of the mention required; it must be brought at the latest with the expiry of a one month deadline as from the notarial act of sale.
- An action in reduction of the price if the real surface is lower of more than 5% than that expressed in the act; it must be brought within one year as from the notarial act of sale.

Two important observations:
The obligation of measuring relates to only the batches of joint ownership and not the houses (attention however at the houses forming of the batches of joint ownership known as horizontal).

The salesman does not have the obligation to resort to the services of a professional to make carry out the measuring of sound well.

Caution: he can indicate the surface in good faith existing on plans in his possession.
Measuring law Carrez is specific; differences were noted and of the actions in reduction in the price were brought.

The recourse to a professional who can carry out various research (asbestos - lead - termites - law Carrez) is advised to make safe the transactions.

 The law known as law SRU (urban solidarity and renewal)

The law of the December 13,2000 came into effect on June 1,2001. It institutes for any real purchaser time for consideration or a time of seven days retractation. The law gives him the possibility of changing opinion in the course of road to protect it from any impulsive purchase, to some extent to protect it from itself.

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Protection of the population against the medical risks related to an exposure to asbestos in the built buildings.
Legal framework
Decree n° 96-97 of the February 7,1996, modified by decree n° 97-855 of the September 12,1997.
Real goods concerned
All buildings built with the only exception of the buildings of use of dwelling comprising only one housing.
Field of application
Flocking (buildings built before January 1,1980).
Heat insulation (buildings built before July 29,1996).
False ceiling (buildings built before July 1,1997).
Certificate of the absence or the presence of flocking, heat insulation and of the presence or the absence of asbestos in these materials.
In the event of presence of asbestos, the controller checks the state of conservation of materials and establishes a grid of evaluation.
The result of this grid will involve, according to cases', a periodic control of materials, a monitoring of the level of dust contamination or work suitable.

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The recent extension and the gravity of the phenomenon “termite” have constrained the legislator to take measures likely to inform and to protect the purchasers and the owners from buildings vis-a-vis this risk.
Legal framework
Law n° 99-471 of the June 18,1999.
Decree n° 2000-613 of the July 3,2000.
Decree of the August 10,2000 fixing the parasitic model of state.
Real goods concerned
Any type of building located in a zone contaminated or likely to be it short-term.
These zones are delimited by a prefectoral decree whose existence is made available of the public under very precise conditions.
In the event of sale of a real estate located in a zone contaminated or likely to be it, a parasitic state, going back to less than three months, must be annexed.
The parasitic state is established by a professional carrying on the activity of expertise or diagnosis of presence of termites.

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Fight against lead poisoning by removing the risks of accessibility to lead in paintings.
Legal framework
Art L. 32-5 and R. 32 - 10, 11, 12 of the Code of the Public health.
Real goods concerned
Any building with use of dwelling, built or renovated before 1948 and located in a zone called “at the risk”.
The zones at the risks are defined by the Prefect, this one very often classifying the whole of its department in such a zone.
The risks of accessibility must be mentioned in a state drawn up by an approved technical controller or a qualified technician of construction.
The state must be attached to any promise, contract or sale contract.
Methodology (recommended)
Analyze lead concentration of the coating using an apparatus with x-ray fluorescence of which the use requires a ministerial approval.
Drafting of a report/ratio containing the description of the room, the result of measurements or the analyses, the nature and the state of conservation of each wall containing of lead, and a conclusion specifying the risks of accessibility to lead.

This table led to the following remarks:
- the search for asbestos does not relate to the individual houses, currently.
- The search for lead relates to only the goods built before 1948 and relates to only paintings. The drains for the moment are excluded.
- The prefectoral decrees with regard to the research of the termites are rare in the Paris area; there are some in Paris.
- Any salesman concerned will may find it beneficial to make on sale carry out research before the setting good and the conclusion of before contract, initially for his own information then so that the things are clear with its purchaser.

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The Mandate

the mandate is obligatory but various forms   you allow to preserve your freedom.

Know that the Agency covers the risks of accidents which can occur near the visitors and who without mandate, it is the salesman which takes the risks of them, then…

In the event of sale of a real estate, can one give several mandates of sale?

That is possible if you choose the simple mandate, but is prohibited if you made the choice give a mandate with exclusiveness.

The mandate is the act by which you indicate a real-estate agent or a notary to seek a purchaser. The mandate that it is simple or with exclusiveness must have passed in writing and for one given duration.

The simple mandate enables you to contact as many agencies as wish it to you and to seek yourself a purchaser. You will have however to prevent all the agencies with which you contracted, by respecting the formalism envisaged by their mandates, when the compromise or the unilateral promise is signed.

Only the agency having actually carried out the sale will be entitled to a remuneration.

In the mandate with clause of exclusiveness, you commit yourselves not treating that via the agency, even if you even find the purchaser you. If you pass in addition to the clause of exclusiveness and carry out the sale directly with the purchaser or by the means of an other arranges, the holder of the exclusive mandate will have the right to claim his commission. 

Texts of reference
articles 6 and 7 of the law n° 70-9 of the January 2,1970
articles 72 to 79 of the decree n° 72-678 of the July 20,1972

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Vacation rental Menton, Roquebrune Cap Martin Real Estate agency Les Palmiers
15, promenade du cap
06190 Roquebrune Cap Martin
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