The purchase of a property for sale in the future state of completion (VEFA) is a binding act which raises legitimate expectations in terms of delivery times. However, it sometimes happens that the promoter does not respect these deadlines. In such a case, several legal options are available to buyers.
1. Study and Analysis of the Sales Contract
First of all, it is essential to carry out a rigorous analysis of the sales contract. This document should specify the delivery conditions, including any penalty clauses in the event of delay. In certain contracts, exemption clauses for cases of force majeure may be present. Their validity and applicability must be carefully considered.
2. The formal notice letter
If the contract provides for penalties for delay or does not contain applicable exemption clauses, the next step is to send a formal notice to the promoter. This action has a dual purpose: it formally recalls the promoter's obligations and serves as a starting point for calculating any late penalties or damages.
3. Negotiation and Mediation
The dispute can often be resolved through negotiation or mediation. If both parties are willing to dialogue, it may be possible to reach a mutually acceptable agreement. This could include reduced penalties, free upgrades, or other forms of compensation.
4. Legal action
A VEFA expert, it doesn't exist! Quite simply because the off-plan sale This is not a specialty but a contract that is drawn up between the promoter. Contacting a VEFA lawyer is an important thing, especially if the litigation phase proves to be unavoidable in order to obtain damages.
A simple one-hour consultation allows you to know where you are, what your options would be (breaking the sale (resolution of the sale), asking for compensation, damages and interest. The cost of this first consultation is €120 with Maître Zakine.
Indeed, in case of delay (late delivery of new flat,
a builder must pay a late delivery penalty proportionate to the length of the delay if the delay exceeds 30 days.
Therefore, support is necessary to know what is the best path to follow to obtain compensation in the event of late delivery in VEFA.
These are calculated in a certain way. Maître Zakine is at your disposal on his online calendar or by telephone to help you with your purchase.
Ms zakine analyses the various documents provided to you and works with you to adopt the best strategy.
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Frequently asked questions
What to do if my property developer does not deliver my VEFA apartment on the scheduled date?
You must first analyze your sales contract to check the late payment penalty clauses. Then, send a formal notice to the developer by registered letter with acknowledgment of receipt to formalize the delay. If the delay persists, you can claim damages or take legal action.
Can I obtain late penalties in case of late delivery in VEFA?
Yes, if your contract includes a penalty clause for delays (often 1/1000th of the price per day). The starting point is generally the scheduled delivery date. If the contract does not provide for anything, you can claim damages based on proof of your loss.
What are the deadlines to act in case of VEFA delay?
There is no fixed legal deadline, but it is advisable to act quickly once the delay is noted. The limitation period for contractual liability action is 5 years from the planned delivery date. Send a formal notice as soon as possible to preserve your rights.
What to do if the developer invokes force majeure to justify the delay?
Check the force majeure clause in your contract. Events such as exceptional weather or strikes may be invoked, but they must be unforeseeable, irresistible, and external. If you contest, you can refer the matter to the court to have the absence of force majeure recognized.
How much does a procedure for VEFA delay cost?
Costs vary depending on complexity: lawyer fees (fixed fee or hourly), bailiff fees for reports, and possible expert fees. Some lawyers offer a free initial consultation. In case of success, the penalties obtained can cover part of the costs.
🔧 Calculez vos droits
Utilisez notre calculateur VEFA pour estimer vos indemnités de retard de livraison.
Lawyer in Antibes, registered with the Grasse Bar. Intervenes throughout France. Labour law, Litigation at work. Real estate litigation and co-ownership law. Construction problems (VEFA,..)Fast, motivated and committed response. Do not hesitate to contact the lawyer in Antibes: Maitre Zakine. or to make an appointment online for a consultation.
Possible consultation 45€/ 30 min by phone for a first consultation
