MAIN CONTRACT
LexInter | August 28, 2002 | 0 Comments

MAIN CONTRACT

Section 4: The main contract
Article L312-15
Modified by LAW n ° 2011-525 of May 17, 2011 – art. 22

The written act, including the accepted unilateral promise of sale and the preliminary contract provided for in Article L. 261-15 of the Construction and Housing Code , intended to record one of the transactions mentioned in Article L. 312-2 , must indicate whether the price will be paid directly or indirectly, even in part, with or without the assistance of one or more loans governed by sections 1 to 3 of this chapter.

The written deed, including the accepted unilateral promise to sell, intended to record one of the transactions mentioned in Article L. 312-2, must indicate whether the price will be paid directly or indirectly, even in part, with or without the assistance of one or more loans governed by sections 1 to 3 of this chapter.

Article L312-16
When the deed mentioned in article L. 312-15 indicates that the price is paid, directly or indirectly, even partially, using one or more loans governed by sections 1 to 3 and section V of the this chapter, this act is concluded under the condition precedent of obtaining the loan (s) which assume the financing. The period of validity of this condition precedent may not be less than one month from the date of signing of the deed or, in the case of a deed under private signature subject to penalty of nullity to the formality of registration, from the date of registration.
When the condition precedent provided for in the first paragraph of this article is not fulfilled, any sum paid in advance by the purchaser to the other party or on behalf of the latter is immediately and fully refundable without deduction or compensation to any party. title whatever. From the fifteenth day following the request for reimbursement, this sum is productive of interest at the legal rate increased by half.
Article L312-17
When the deed mentioned in article L. 312-15 indicates that the price will be paid without the aid of one or more loans, this deed must bear, in the hands of the purchaser, a mention by which the latter ci acknowledges having been informed that if he nevertheless resorts to a loan, he cannot avail himself of this chapter.
In the absence of the indication prescribed in article L. 312-15 or if the indication required in the first paragraph of this article is missing or not in the hands of the purchaser and if a loan is nevertheless requested, the contract is considered to be concluded under the condition precedent provided for in article L. 312-16.
Article L312-18
 For the expenses designated in c of 1 ° of article L. 312-2, and in the absence of a contract signed by both parties, the condition precedent provided for in article L. 312-16 can only result from a notice given by the client in writing before any work begins, indicating that he intends to pay the price directly or indirectly, even in part, with the help of one or more loans.
Article L312-19
When it is declared in the deed recording the loan that it is intended to finance works or real estate works by means of a promotion, construction, project management or business contract, the court may, in the event of a dispute or accidents affecting the execution of contracts and until the dispute is resolved, suspend the execution of the loan contract without prejudice to the possible right of the lender to compensation. These provisions are applicable only if the lender has intervened in the proceedings or if he has been implicated by one of the parties.
Article L312-20
The provisions of this section are not applicable to sales by auction.

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