Frequently asked questions about Immobilier

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I am a co-owner and would like to buy part of the landing adjacent to my apartment. The condominium is made up of three buildings. The co-owners of the building in which my property is located approved the operation at a general meeting.

The notary has informed me that all the co-owners should have been summoned and taken part during the vote. is it true? Yes…but. Special common portions are those assigned to the use or usefulness of several co-owners and not as an entirety, unlike general common portions. Decisions relating to these…
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I am selling my house. My notary sent the declaration of intent to alienate (DIA) to the town hall. If the latter decides to exercise its right of pre-emption, does it have to acquire the property at the price initially fixed?

No. A municipality can very well decide to pre-empt a property offered for sale at a selling price lower than that desired by the seller. The latter must send the owner its proposal by registered letter with acknowledgment of receipt, within 2 months of receiving the DIA. The seller then…
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My spouse passed away. I am the beneficiary of a spousal donation which states that if I choose to be the usufructuary, I am exempt from making an inventory and an appraisal of the property. However, my stepchildren are demanding these...

..do they have the right? Yes. The law is clear: Article 1094-3 of the Civil Code states that " Children or descendants may, notwithstanding any stipulation to the contrary by the donor, require that an inventory of movable property and an appraisal of immovable property subject to usufruct be made
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The real estate agent mandated by my lessor has just sent me a sale notice, for the accommodation where I am the tenant. If I buy, am I required to pay his fees?

No. The right of pre-emption provided for by article 15, II of law 89-462 dated July 6, 1989 constitutes a right of acquisition priority, for the benefit of the tenant who is in place. If you exercise this right, the real estate agent does not provide any intermediary service between…
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I wish to purchase a property in joint ownership with my father. I will buy the bare ownership, and he will buy the usufruct. However, my father proposes to pay the entire price. Is he allowed to do so?

No. If you are buying the bare ownership, you must pay for it. Therefore, if you do not have the finances, two separate operations are necessary. First, your father must make a monetary gift to you. Then, you can use the gifted money to purchase the bare ownership.
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