VEFA expert lawyer
Maître Zakine, Doctor of Law
Operations throughout France (including French overseas departments and territories)
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Presentation by Me Zakine, VEFA and CCMI lawyer
VEFA expert lawyer, Me Zakine, Doctor of Law, Lawyer supports you in all procedures relating to VEFA
well, concerning a delay in Sale in the state of future completion (VEFA), poor workmanship, non-compliance with the specifications, abandonment of site, actions for payment, non-payment of invoices following services, failure to start work, delay in starting work within the framework of a contract for the construction of an individual house, non-compliance, summary action within the framework of the guarantee of perfect completion, action for hidden defects, assistance with delivery of a good, assistance with the lifting of reservations, accusation of the promoter in the event of delay or poor workmanship, action for summary assessment aimed at having a legal expert appointed.
Maître Zakine operates throughout France, either directly or through postulations.
Accompanied by a lawyer expert in VEFA, you will be able to better manage your VEFA and the contractual relationships linked to it.
Mastery of digital tools (Visio conference – Google Meet – electronic signature – electronic safe) allows you to work remotely, at your own pace.
Be accompanied by a experienced lawyer in VEFA is an important thing.
Acquisition of VEFA, delivery in delay or delivery with poor workmanship, Maître Zakine, Lawyer, Doctor of Law, Lecturer at the University of Law of Nice, can help you. She is there to provide you with the assistance of a lawyer who knows the VEFA perfectly.
She works all over France and practices daily to defend your interests to the best of our ability.
3 reasons to seek the assistance of a lawyer specialising in VEFA or CCMI
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1. Analysis of the project from a legal perspective VEFA
From the signing of the contract until delivery of the property and ensures that we advise buyers in the event of difficulty during delivery as part of your property purchase. Whether in the context of a real estate purchase classic or more exceptional. Being accompanied by a lawyer is important.
Document analysis The contractual terms and conditions and the advice given to the customer on the purchase of a VEFA property or the construction of a house avoid many damaging situations during the construction phase, particularly in the event of late delivery..
In the case of a sale in the future state of completion, the clauses of the reservation contract including the provisional delivery date must be analysed and compared with the date provided for in the deed of sale.
It may happen that the dates differ. On the day of the sale, the notary indicates that the delivery has been delayed but the developer does not usually provide any explanation for this.
It was only later that the developer-builder explained the causes of the delay in delivery without providing any justification for the delays indicated to the purchasers.
The causes of the delay will be verified and analysed.
The motives are very often artificial, with the sole aim of absolving the company of any responsibility.
By analysing the contractual documents and the building permit, it is also possible to check that the delay is not due to a problem with the building permit.
It often happens that the start of the works reveals difficulties: collapse of part of the ground, obligation to reinforce the soil or failure to connect simply because applications to the concessionaires have not been made.
Indeed, developers hide behind clauses in the deed of sale.
However, these may be either abusive in their drafting or applied in bad faith, especially in the case of the clause providing for increases in the amount of the delivery time in the event of bad weather and company failure.
The fact that the purchaser has given his consent to the deed of sale does not allow the builder to hide behind the terms of the contract.
The promoter must perform the contract in good faith.
Like any contract, a contract of sale for a sale in perfect condition or for the construction of a single-family house must be negotiated and executed in good faith and in a fair manner.
As regards the contract for the construction of a single-family house, the lawyer will check that all the compulsory information is specified in the contractual documents, it being understood that this information and the annexes differ depending on whether the contract is concluded with or without the provision of plans.
You will also need to check whether you are dealing with a CCMI with or without plans, as the builder's obligations are different.
What "s more, you "ll need to check that even excluded work, which will remain the responsibility of the client, i.e. the customer, has been costed by the builder.
As with the VEFA deed of sale, the lawyer will ensure that illegal clauses are not included in a CCMI. These clauses are as follows:- The obligation to entrust the builder in person with the task of finding the mortgages needed to finance the project;- The prohibition on visiting the building site before final acceptance of the work;- The handover of the keys only when the builder has been paid the full price, which prevents the private individual from expressing any reservations when the work is accepted.
Don't forget to take advantage of the Garantie de Parfait Etat d'achèvement (Guarantee of Perfect State of Completion)!
Do not hesitate to call on a lawyer to guide you through the construction of your individual house and to check that all the required documents are present.
It is important to know that the person who decides to build a house has a ten-day withdrawal period.
With regard to the CCMI, the documents that the contractor must send to the project owner, it should be ensured that the intervening companies have insurance to cover their civil liability and provide a ten-year guarantee.
A delivery guarantee (allowing the work to be completed in the event of default by the said contractor, i.e. when the work is not delivered within the period stipulated in the contract or when the builder is placed in liquidation or receivership. The client can then turn to the company's guarantor and demand completion of the work) and then an information notice (intended to inform the client of all his rights) in the clauses of the contract and its appendices must be required.
The lawyer will also check whether any changes or additions to the works have been set out in clear, detailed riders.
However, these late penalties should not be the only ones.
Other losses may be claimed in court by your Lawyer specialising in VEFA
These include loss of enjoyment, non-material damage, loss of opportunity for property gains, loss of rental income, and repayment of interest (bank charges specific to VEFA construction).
Building damage insurance is compulsory for private individuals when they embark on a construction project.
2. Monitor your work site and fundraising
During the building process, the builder can supervise the construction of your house, but under very strict conditions.
n regulated access to the site. During construction, the builder has "custody" of the site, which remains under his responsibility.
Visits are planned before each fundraising appeal. Being accompanied by a lawyer allows you to verify that the authentic deed of sale covers both
Site meetings can be organised and scheduled with the builder.
The contract often includes a schedule of site visits in addition to those scheduled before the call for funds.
Calls for funds are sent as construction progresses, and there may be inconsistencies between calls for funds and the progress of construction.
In this case, a letter of formal notice must be sent to the builder to ask for explanations.
What documents may be requested or required after acceptance of the work?
During the building process, the builder can supervise the construction of your house, but under very strict conditions.
Regulated access to the site. During construction, the builder has "custody" of the site, which remains under his responsibility.
Similarly, there are legitimate suspension clauses and others that the promoter tries to pass off as such.
Visits are planned before each fundraising appeal. Being accompanied by a lawyer ensures that fundraising appeals are correct.
Site meetings can be organised and scheduled with the builder.
Work may be halted in the event of difficulties until the problem is resolved. The contract often includes a schedule of site visits in addition to those scheduled before the call for funds.
It should be noted that the builder may reserve the right to halt work on the site if the Owner fails to pay the calls for funds.
A situation may arise in which the lawyer is unable to resolve the problem through dialogue with either the builder or the builder's solicitor, with the aim of reaching an agreement.
Even if this is out of context, the Guarantee of Perfect Condition can only apply to well-defined causes! Care must be taken to ensure that the Guarantee of Perfect Condition period is not foreclosed (GPA)..
4. Use a VEFA lawyer to advise you
As an expert lawyer in VEFA, Master Zakine intervenes in VEFA purchases or late delivery of a VEFA purchase. It also intervenes in the cancellation of VEFA sales throughout France (Montpellier), BordeauxNice, Agen). If your delivery date is late or your furniture has been taken out of storage, you will have to claim damages.
Master Zakine intervenes in VEFA purchases or late delivery of a VEFA purchase. We also intervene in VEFA sale cancellations throughout France (Montpellier, Bordeaux, Nice, Agen). If your delivery date is late or your furniture has been taken, you will have to claim damages.
Calling on the services of a lawyer before and during construction can help avoid certain difficulties.
The Lawyer will be able to check the contractual documents and amendments if any have been signed.
By being accompanied by a lawyer, he will also be able to send letters to the manufacturer as soon as problems arise.
Relations between the client and the builder crystallize very quickly. The presence of the lawyer in construction law will enable us to take the heat out of the debate and find solutions before the situation becomes very difficult to resolve.
The lawyer in construction law will be able to assist its customers during delivery and also check that the manufacturer allows them to deposit the sum of 5%, if this is possible.
Remember that the deposit is made exclusively with the Caisse des dépôts et consignations and that blocking the sum in an account does not constitute a deposit.
It should also be noted that deconsolidation can only take place by court order or with the agreement of both parties.
Beware of consignment: the builder does not have the right to demand payment of the remaining 5% and make delivery conditional on this payment. This is a criminal offence.
Maître Zakine is at your disposal. You can already make an appointment with her online for a quick first consultation. This can be done by video (Google Meet, Phone).
Our law firm VEFE is at your disposal.