To better understand the consequences of the second lockdown for the sale or purchase of your property, this article looks at the different stages of a sale during this exceptional period.
As with the first lockdown, estate agents are among the businesses that may no longer receive members of the public. However, this ban does not prevent estate agents from working and helping you buy or sell your property.
- putting a property up for sale
- visits
- processing of sales files by the authorities
- signatures at the notary's office
- Removals
Putting a property up for sale
There is no legal prohibition against putting your property up for sale. It is therefore possible for an estate agent to sign a mandate and take photographs or videos of your property in order to market it. The real estate professional will travel in accordance with decree no. 2020-1310 of 29 October 2020, which authorises travel to the place where a professional activity is carried out.
During an interview on radio-immo, the Minister for Housing, Emmanuelle WARGON, stated that "it is authorised to sign a mandate at a customer's premises, but only if a paperless signature is not possible. We are simply appealing to our collective responsibility to reduce social interaction to what is strictly necessary".
Visits
The question of whether visits with potential buyers are possible is more delicate, given the lack of legal precision. To date, only the decree of 29 October 2020 can be considered a reliable source of law. Statements made by the executive should be treated with caution, since in theory there is a separation of powers and it is up to the judiciary to interpret the law, in this case the decree, as a last resort.
The only explicit statement on this subject comes from the decree itself, with regard to the possibilities for individuals to travel.
Article 4 states that "travel for compelling family reasons" is authorised. This reason, which can be ticked off in the derogation travel certificate, would seem to apply to a visit with a view to buying a principal residence.
However, these are not the words of the Minister for Housing, who considers that visits are not possible.
However, the decree does not suspend the deadlines laid down in any contract, and in many cases a new home will have to be found. In many cases, you will need to find a new home, so there may be compelling family reasons to justify a visit.
For example, if you have signed a provisional sale agreement for your home, you must respect a deadline for reiterating it in a notarised deed, otherwise you may be held liable. You are under a contractual obligation to leave your home, unless the buyer authorises you to do so. There are other contractual situations in which the owner, buyer, lessor or lessee is obliged to move house. Similarly, a professional transfer or family reunion can only be considered as a compelling family reason.
Visits are therefore essential, and a virtual visit cannot make up for the impossibility of physically visiting a property before buying it, contrary to what the Minister for Housing would have us believe. What about apparent defects in a virtual visit?
We would point out that this same minister made comments that were out of touch with the law in relation to the squatting cases that came to light a few months ago. This is why it should be emphasised that a magistrate or, more generally, the law must be rendered on the basis of reliable sources of law and not on the basis of remarks made by a member of the executive in front of a microphone.
It will be up to the person controlling your travel to decide whether your travel is justified by a compelling family reason under the law and not by the words of a member of the executive. It is therefore important to be in possession of documents such as a preliminary contract of sale, a leave of absence or proof of a professional transfer. In the event of disagreement with the person carrying out the inspection, only a magistrate can make the final decision.
We hope that there will be more details in the coming days to remove any doubts.
Examination of sales files by the authorities
This second confinement should not result in an extension or suspension of the time taken to process applications. Thus, town planning authorisations (building permits, development permits, demolition permits and prior declarations) and the purging of urban pre-emption rights will be carried out within the normal deadlines.
Civil status and mortgage applications will also be processed.
Signatures at the notary's office
During this second period of confinement, it will be possible to go to the notary's office to sign a deed if a paperless solution is not possible.
The decree of 29 October 2020 states that "travel to respond to a judicial or administrative summons or to go to a public service or legal professional for an act or procedure that cannot be carried out remotely" is authorised.
On your certificate, you will therefore need to tick the box for "legal or administrative summons and to attend a public service".
A power of attorney can also be used if it is impossible to travel or to sign the preliminary contract or deed of sale electronically.
Moving house
Unlike the initial confinement, removals are expressly authorised. Article 4 of the decree of 29 October 2020 states that removals "for the purpose of moving house" are authorised. The reason for the move does not appear on the travel certificate, even though it is stipulated in the decree. You will need to tick the "compelling family reasons" box on your certificate.
It is also advisable to provide supporting documents such as a certificate of sale or a lease.
According to the executive, a move is only possible if it is carried out by professionals or by the people moving in.
