Advice from a Vefa and CCMI Aquitaine Lawyer

 Construction delays: 5 things a buyer should know 

When construction delays occur, buyers often face a prolonged wait, resulting in economic harm due to additional costs incurred, such as alternative housing costs or interest on loans. In addition, the moral harm caused by uncertainty and frustration can be considerable.

Communicate regularly with the promoter

:Maintaining open and regular communication with the developer is essential. If a delay occurs, ask for a detailed explanation of the reasons for the delay, the steps taken to address it, and any new deadlines anticipated. Be sure to document all written communications and commitments made by the developer.

Check the VEFA contract

Refer to the VEFA contract to understand the provisions relating to delays construction site. Check the clauses regarding delivery times and any penalties or compensation in the event of delays. Knowing your rights under the contract will help you know what actions to take.

Conduct regular site inspections

If possible, make regular site visits to monitor progress. Note any delays or problems encountered and take photos to document progress. This vigilance can help you spot early signs of delays and take action accordingly.

Keep track of additional expenses

  If the delay results in additional costs for you, such as alternative housing costs or interest on loans, keep track of these expenses. This information may be useful for seeking compensation or benefits later.

Consider legal remedies if necessary

  If the delay continues or the developer fails to take appropriate action to remedy the situation, consider legal remedies. This may include sending a formal notice, mediation, arbitration or going to court, depending on the severity of the delay and the contractual provisions.

A buyer faced with a construction delay in the context of a VEFA must maintain open communication with the developer, verify contract terms, monitor progress of work, document additional expenses and consider legal remedies if necessary. Being proactive and well informed is essential to protect its interests and obtain a satisfactory resolution of the problem.

Bad faith on the part of the promoter or other stakeholders can aggravate the situation, endangering the trust and credibility of the contracting parties. 

The perfect completion guarantee: 5 points to know 

The perfect completion guarantee is a legal protection granted to purchasers of real estate in the context of a sale in future state of completion (VEFA). It aims to guarantee that the property delivered is free of defects and complies with the required quality standards. Here are five main points to know about the perfect completion guarantee:

Warranty duration

The perfect completion guarantee covers the defects and faults noted in the property for a period of one year from the receipt of the works. During this period, the developer is required to remedy all construction defects for which it is responsible.

Nature of defects covered

The perfect completion guarantee mainly concerns defects of conformity and minor defects found in the delivered goods. This can include problems such as cracks in the walls, plumbing leaks, insulation problems, doors that do not close properly, etc.

Procedure for reporting defects

  The purchaser is required to report in writing all defects and poor workmanship found in the property to the developer, within one year of receipt of the work. It is recommended to send this notification by registered letter with acknowledgment of receipt to keep proof of the claim.

Promoter's obligation

Once the defects are reported, the developer is required to intervene to remedy the problems as soon as possible and at its own expense. It must take charge of all repair work necessary to ensure that the property is delivered in accordance with the contractual standards.

Remedies for breach of warranty

If the developer fails to take the necessary steps to remedy the defects reported under the perfect completion guarantee, the purchaser may consider legal recourse. This may include sending a notice of home formal, mediation, arbitration or recourse to the courts to obtain appropriate relief.

The perfect completion guarantee offers significant protection to buyers of new real estate by guaranteeing that the property is delivered in conformity and free of defects during the first year following receipt of the work. It is essential for buyers to know their rights in terms of guarantees and to follow the appropriate procedure for reporting and remedying any defects found.

In the complex context of real estate transactions, the sale in future state of completion (VEFA) represents a delicate area where disputes can arise, causing economic and moral damage to buyers. Faced with these challenges, Cabinet ZAKINE stands out as a reliable legal ally, offering expertise and determination to defend the rights of buyers in Landes, in Aquitaine and beyond.

The VEFA involves a series of key players, including the developer, the project manager and the site manager. Each bears a share of responsibility for ensuring delivery times, construction quality and compliance with contractual commitments.

We understand the specificities of the real estate market in the rBordeaux region, the Landes and in Aquitaine, as well as the legal specificities of the region. Our expertise extends to all aspects of VEFA disputes, including the perfect completion guarantee, the ten-year guarantee and available legal remedies.

With our commitment to professionalism, responsiveness and determination, ZAKINE Firm works to ensure the protection of our clients' interests. We intervene at the Mont de Marsan Judicial Court as well as at the Bordeaux Court of Appeal and from Pau.

If you are faced with construction delays, poor workmanship or other problems in the context of a VEFA or CCMI in the Landes, in Aquitaine or elsewhere, contact Cabinet ZAKINE today for a consultation and find out how we can help you obtain justice and redress.