Frequently asked questions about Immobilier

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I own a property consisting of a main building that I occupy with my family and two independent houses that I rent out on a furnished basis. I plan to sell the property.

Could I stil benefit from the capital gains exemption on the sale of my main residence? Yes, but only on the part that constitutes your principal residence. For you to benefit from the capital gains tax exemption, the sale must relate to your principal residence (art. 150 U, II, 1°…
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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 am selling a property at auction to be held at my notary’s office. Am I required to provide the mandatory technical inspections for the sale?

Yes. The law provides that in the case of a public sale, the technical inspection report must be attached to the terms and conditions of sale (Article L271-4, I of the French Construction and Housing Code). The technical inspections (such as lead and asbestos checks) are documents prepared by a…
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With my spouse we have a plot of 1000m2 where we built our house, then proceeded to divide the plot. We just want to sell the unbuilt part. The value of land to be used to calculate the real estate capital gain, zero?

No. If the sale concerns part of the land, the capital gain is determined by taking into account the fraction of the acquisition price relating to this part alone. The same applies to charges and indemnities increasing this price (BOI-RFPI-PVI-20-10-20 §130).
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I have signed a contract for a property sale in the future state of completion (VEFA). The delivery is scheduled after my marriage. Will this real estate become part of the marital community?

No. According to Article 1601-3 of the Civil Code, the land ownership is transferred to the buyer the moment the future state completion sales contract is signed. Therefore, the property is considered your personal asset. However, any payments for future constructions paid after your marriage are assumed to be communal…
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