{"id":62859,"date":"2023-10-08T14:42:09","date_gmt":"2023-10-08T12:42:09","guid":{"rendered":"https:\/\/www.cecile-zakine.fr\/?p=62859"},"modified":"2025-02-18T23:36:09","modified_gmt":"2025-02-18T22:36:09","slug":"les-5-mesures-a-prendre-en-cas-de-retard-vefa-me-cecile-zakine-docteur-en-droit-avocat-a-lille","status":"publish","type":"post","link":"https:\/\/www.cecile-zakine.fr\/en\/les-5-mesures-a-prendre-en-cas-de-retard-vefa-me-cecile-zakine-docteur-en-droit-avocat-a-lille\/","title":{"rendered":"The 5 steps to take in the event of a VEFA delay - Me C\u00e9cile ZAKINE, Docteur en droit Avocat \u00e0 Lille"},"content":{"rendered":"
<\/p>\n
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.<\/p>\n
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.<\/p>\n
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.<\/p>\n
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.<\/p>\n
A VEFA expert<\/a>, it doesn't exist! Quite simply because the off-plan sale<\/a> 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.<\/p>\n 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\u00a0consultation is \u20ac120 with Ma\u00eetre Zakine<\/a>.<\/p>\n Indeed, in case of delay (late delivery of new flat,
\na builder must pay a late delivery penalty proportionate to the length of the delay if the delay exceeds 30 days.<\/p>\n