The 5 steps to take in the event of a VEFA delay - Me Cécile ZAKINE, Docteur en droit Avocat à Lille

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.