• Purchase in joint possession: The purchase in joint possession makes it possible people without family ties to acquire together a real estate (people living in cohabitation). The purchasers sign a convention of joint possession which makes it possible to define the quota of each one, which is not obligatorily equal.
The joint possession cease either by the sale on behalf of the one of the indivisaires, or by the death of the one of them.
• Installment: Sum paid by the purchaser during the signature of the commitment to sell. It engages the purchaser definitively and generally accounts for 10% of the total price of the real estate. If the sale is not concluded its, the salesman is in right to recover this sum. Only one exception: if the purchaser puts forward the not-realization of a condition precedent envisaged in the compromise of sale, it can recover its installment.
• Notarial act: It is an act signed in front of notary, said notarial act. For example, the commitment to sell or the sale contract can constitute notarial acts.
• Informal agreement: Act written and signed by the parts not requiring the intervention of a public officer (Notary, bailiff).
• Sale contract: Final contract by which the purchaser becomes owner. He can be called notarial act because this one is carried out in front of notary. The signature of this act involves what one calls the “expenses of notary” including the transfer taxes and the fees of the notary.
• ADIL: Departmental association for Information on Housing: this association is officially agreed by the ministry for housing and comprises 90 information centers distributed on 54 departments. Animated by a.N.I.L. (national association), a.D.I.L have the role of informing free the public on all the questions legal, financial and tax related to the real estate.
• Administrator: Professional of the real estate, also called manager of buildings, carries out in the capacity as agent all the operations of management of buildings for the owners (particular or companies): search for tenants, conclusion of the beams, perception of the rents and the loads, maintenance and repairs etc Within the framework of a joint ownership, it intervenes in the capacity as syndic of buildings on behalf of the whole of the joint owners. Profession regulated by the law Hoguet of January 2, 1970 and the decree of July 20, 1972.
• Down payment: It is about the amount of money which the purchaser pays with the salesman at the time of the concluding of a sale contract.
• Tax incentive: The acquisition of a real estate as certain types of work can be the reduction object of the income tax or deductions or abatements on the assessed income. All these provisions are registered each year in the new finance law. For more details on the provisions in progress, our practical cards or you near your center of the taxes inform consult.
• Pleasing: Indicate an act complementary to an initial contract drawn up between the various parts. It makes it possible to supplement or modify the clauses of the initial contract.
Having right: Designate somebody who holds itself the rights or which can take advantage of a right that it holds of another person.
• Lease of dwelling: Leasing agreement relating to a mixed use or dwelling house (professional and dwelling). The lease engages the financial backer for at least 3 years. The tenant, can cancel constantly to him, on the condition of respecting a 3 months notice.
• Real estate: Well which cannot be moved. They are the buildings, goodwills, grounds.
• Land register: Public register and administrative documents (compartmental plan, state of section and cadastre) allowing to identify the properties in presence in a commune. These documents pouvent being consulted in town hall. They make it possible to determine the rental value of land goods, value on which rests the calculation of the local taxes.
• Guarantee: Engagement by which a third agrees to guarantee the payment of a debt. The guarantee can be required in the case of a real estate credit and in the case of the hiring: the person who goes guarantee then engages to pay the balance of the sums borrowed from the place of the failing borrower (in the case of an unpaid real estate credit and rents)
• Loi SQUARE: the purpose of the law n° 96-1107 of December 18, 1996 is to improve protection of the purchasers of batches in joint ownership. It obliges “any unilateral promise of sale of a batch or a fraction of batch” to mention “the surface of the privative part of this batch or this fraction of batch” under penalty of nullity.
Privative surface to take into account is defined by the decree of May 29, 1997: it corresponds to the surface of the floors of the parts closed and glazes, after deduction of the surfaces occupied by the thickness of the walls, staircases, embrasures of doors… It is necessary to exclude from this surface the floors of the parts where the height under ceiling is lower than 1 m 80 and surfaces it additional cellars, carparks and others with housing.
• Transfer: Making of a real estate on a purely free basis (donation) or expensive (sale)
• Compromise of sale: Preliminary contract signed by the salesman and the purchaser of a real estate either under private signature, or in front of a professional.
The compromise of sale engages the two parts and it is of use which the purchaser pours an installment (in general 10% of the selling price) during the establishment of this act. If the payment is carried out, partially or completely, by the use of a loan, the act must comprise a mention specifying that if the loan is not secured by the purchaser, the compromise is null and nonwhich occurred. This condition is valid at least a month.
• Leasing agreement: Contract by which one yields the pleasure of a good for a time and at a given price. Certain bails are subjected to particular conditions. Others concern the will of the parts within the framework of the provisions of the Civil code.
• Real estate credit: Loan authorized in the long run for a real purchase. The rates are negotiated according to your personal capital contribution. The more important your contribution is, the more the rate will be interesting.
• Outlay: Expenditure acquitées by the notary (or lawyer or the usher) for the account of his customer in order to remunerate the actors taking part in the realization of the act (registrar of mortgages, geometrician)
• Time for consideration: Since the law Scrivener supplemented by the law Neiertz, the nonprofessional borrowers have time for consideration 10 days after the reception of the offer of loan to give their agreement.
• Time of renunciation: Any person having signed a contract of purchase, sale or lease, within the framework of a door-to-door sales profits from time for consideration 7 days during which it can announce by registered letter with A.R. that it does not take action pursuant, and this, without pouring any financial allowance.
• Time of retraction: Since the law Neiertz, the purchasers of new housings profit from a 7 days deadline to cancel any contract of reservation or before contract carried out under private signature. This faculty of retractation applies only to the preliminary contracts and cannot apply to the final contracts.
• House automation: Together techniques and studies aiming integrating into the habitat all the automatisms as regards safety, of energy management, communication… and at facilitating the habitat by managing the maximum of remote services.
• Right of pre-emption: It is a purchasing right priority allowing an individual or community to become purchaser of a real estate before any other purchaser, the conditions and the fixed prices at the time of its setting on sale by its owner.
• Transfer tax: Rights and taxes perceived by the notary on behalf of the State and of the unit of the local government agencies at the time of a change of a real estate, i.e. its sale.
• Death taxes: Taxes which must pay with the Treasury the heirs within the framework to a succession.
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