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Selling a property in co-ownership: the obligation to provide information

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The sale of a property in a condominium corresponds to a particular legal framework, with a list of documents to be submitted according to each case. Essential elements for the act of sale to go well.

The information obligations to be transmitted to the purchaser are legally governed by the Alur law. The seller must provide them as soon as the sale of a property in joint ownership. It is all the more important to make the provision that, according to the texts *, if certain documents are not annexed to the notified document, the withdrawal period may not start until the day after the documents are communicated to the purchaser .

The documents relating to the property

In the case of lots sold, the title of the lot sold, the copy of the property tax, the plans and the detailed list of the remaining furniture must be attached.

A complete dossier of technical diagnosis of the property must be communicated, informing of its date of construction and its location, mentioning the certification of area of the unit. Other documents must be added to the file if the property depends on a pre-1997 or 1949 construction (for asbestos and lead), if the installation of electricity or gas is more than 15 years old , If it is located in an infected zone - termites or merules - delimited by prefectural order, if it is located in an area exposed to natural, mining and technological risks, if the enclosed property has heating, air conditioning or water production Warm.

Depending on the use of the property

If it has been or is sold leased, the rental documents are required, depending on the situation at the time of sale - lease, inventory, receipt of rent, proof of departure of the tenant ...

Depending on the state of the property

If the work has been altered outside, the common areas, certain premises of the property, resulted in the division or reunion of certain lots, copies of permits, building plans, Decennial liability insurance with proof of payment and copy of the works invoices.

Dans le cas où le bien a subi un sinistre reconnu comme catastrophe naturelle, la copie du courrier de la compagnie d’assurance mentionnant l’indemnisation est nécessaire.

The documents relating to the property

Co-ownership regulations and amendments, description of the divisions and their modifications, the minutes of the general meetings of the last 3 years and the maintenance booklet of the building must be delivered. Without omitting information relating to the financial situation of the co-ownership, namely: the amount of the current expenses of the provisional budget and outside, the amount of the share of the works fund and the last corresponding contribution, if any. The seller must also disclose if there are any remaining amounts owed to the syndicate of co-owners, those due by the purchaser, the overall statement of unpaid expenses and the union's debt to suppliers.

The list of documents to be supplied according to the activity of the seller

If the seller is an individual, he must send the copy of his identity card or passport, if he is of foreign nationality, a copy of his residence permit or residence card with a birth certificate in French. The copy of the family booklet and any document evidencing a change of situation (marriage, pacs) will complete the file.

If it is a company, it will be the extract K bis, the RIB, the copy of the statutes, the minutes attesting the agreement of the general assembly to sell the property, the preliminary contract and the authentic deed Of sale.

If you are looking to sell your property, in case of doubt about the constitution of the file of sale, do not hesitate to contact your agency office Barnes to help you in your steps.

* In accordance with Article L.271-1 of the Construction and Housing Code