LexInter | October 28, 2017 | 0 Comments


Section 6: Hire-purchase and hire accompanied by a promise to sell

Article L312-24

Subject to the provisions of 1 ° and 2 ° of Article L. 312-3, hire-purchase or rental contracts accompanied by a promise to sell relating to the buildings mentioned in 1 ° of Article L. 312 -2 are subject to this chapter, under the conditions set out in this section.

Article L312-25

Any advertisement made, received or received in France, which, whatever its medium, relates to one of the contracts governed by this section, must specify the identity of the lessor, the nature and the object of the contract.
If this advertisement includes one or more quantified elements, it must mention the duration of the lease as well as the annual cost and the total cost of the operation.

Article L312-26

For contracts governed by this section, the lessor is required to formulate in writing an offer sent free of charge by post to the prospective lessee.
This offer mentions the identity of the parties. It specifies the nature and the subject of the contract as well as its terms, in particular as regards the dates and conditions of provision of the good, the amount of the initial payments and that of the rents as well as the possible terms of indexation. It also recalls the provisions of Article L. 312-27.
For rental contracts accompanied by a promise to sell, it also sets:
1 ° The conditions for exercising the option and its cost broken down between, on the one hand, the fraction of the initial payments and the rents taken into account for the payment of the price and, on the other hand, the residual value of the property, taking into account the impact of any revision clauses provided for in the contract;
2 ° The conditions and the cost of the non-completion of the sale.

Article L312-27

Sending the offer obliges the lessor to maintain the conditions it indicates for a minimum period of thirty days from its receipt by the lessee.
The offer is subject to acceptance by the lessee, who cannot accept the offer until ten days after receiving it. Acceptance must be given by letter, the postmark being taken as proof.

Article L312-28

Until acceptance of the offer, the lessee may not make any deposit, subscribe or endorse any bill of exchange, sign any check or authorize any debit from a bank or postal account for the benefit of the lessor or on behalf of the lessor. -this.

Article L312-29

In the event of default by the lessee in the performance of a contract governed by this section, the lessor is entitled to demand, in addition to the payment of the rents due and not paid, an indemnity which, without prejudice to the application of article 1152 of the civil code, cannot exceed an amount depending on the remaining duration of the contract and fixed according to a scale determined by decree.
In the event of hire-purchase, the lessor can only demand the delivery of the property after reimbursement of the part of the sums paid corresponding to the capital value of this property.
No compensation or cost other than those mentioned above can be charged to the lessee. However, the lessor may claim from the lessee, in the event of default by the latter, reimbursement on proof of the taxable costs incurred by this failure, to the exclusion of any lump sum reimbursement of recovery costs.

Article L312-30

In the event of a lease accompanied by a promise to sell, the deed recording the exercise of the option is concluded under the condition precedent provided for in Article L. 312-16.
When this condition is not fulfilled, the lessor is required to return all sums paid by the lessee with the exception of the rents and the costs of restoring the property.
From the fifteenth day following the request for reimbursement, this sum is productive of interest at the legal rate increased by half.

Article L312-31

The provisions of Article L. 313-12 are applicable to contracts subject to the provisions of this section.
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