Establishment of a sales file as soon as the mandate is signed

When selling or buying a property (pavilion-land-condominium lots, etc.), the law requires the purchaser to provide the purchaser with the necessary information and mandatory documents (real estate sales file) as soon as the preliminary contract is signed to enable him to make an informed commitment. In addition, the ALUR law imposes new obligations on all stakeholders (seller, purchaser, real estate agent, trustee, notaries, etc.) When selling or buying a condominium property, new obligations are imposed on all stakeholders (seller, purchaser, notary, etc.) The aim => a reinforcement of information for the purchaser, from the pre-contract stage, on the real estate and on the condominium. 

A sale takes place in 3 steps:

1. Sale with signature of a mandate
2. Regularization of a preliminary contract (sales agreement or promise to sell)
3. Regularization of the final act of sale at the notary.

Why create a real estate sale file as soon as the mandate is signed?

The BUYER will make a commitment based on various criteria:

• The visit of the property, its feelings, its ability to project itself etc...
• The information he will have received (mandatory or not)

You need to know:

• That the law requires information to the buyer from the preliminary contract
• That for the smooth progress of a file and to quickly sign a sale, it is necessary to gather the mandatory documents, as soon as the sale is put on sale: property act, condominium regulations + Amendments, mandatory diagnoses, mandatory diagnoses, trustee documents, etc...
• Because a sale will be all the more easily as you have gathered a maximum of documents and therefore information, as soon as the property is put on sale.
• That the BUYER will be able to engage peacefully because he will have had all the information (good and not so good) in hand

Verification and constitution of the real estate sale file by the notary

You will tell me that the notary will be responsible for verifying all the mandatory and customary information and of assembling the file necessary to regularize the pre-contract and then the authentic instrument.

So why gather all these documents when taking the mandate?

Several reasons

• The meeting of all the mandatory documents for the signature of the preliminary contract = regularization of the pre-contract within a short period of time,
• The communication of as much information as possible (mandatory or not) is the assurance of a smooth progress of the file until the final sale,
• An informed buyer buys, even if everything is not scrupulously in accordance with the law or the various regulations.

You should know that

If information is lacking at the first stages of the sale or at the time of signing the preliminary contract, the buyer will in any case be informed by the notary either during the pre-contract adjustment appointment, or before the signing of the final act.

If new information changes the conditions of the sale, the purchaser may then express his intention to no longer buy or to renegotiate the price downwards.

Not informing the buyer completely and sincerely at the first visits, and in any case before signing the promise of sale, is to risk losing the sale even if a preliminary contract has been signed. It is the lack of information or clarity in the information that is scary and not the fact that everything is not in order.

Summary of documents to be provided by the seller

These documents must be attached to the promise to sell (except the title document that will be given to the purchaser) This list includes the main documents required, it is not exhaustive and other documents may be necessary depending on the property (House or apartment - the work carried out, a division or union of lots, construction under 10 years old, etc...)

• Property title (copy of the purchase act and old titles)
• Condominium regulations and the descriptive state of division and all amendments
• Plan of the apartment (attached either to the title document or to the RCP)
• The Carrez law surface certificate.
• The following diagnoses established by the diagnoser according to the date of construction of the building for asbestos and lead, and the type of building (condominium building — pavilion)
• Asbestos in private areas and in common areas
• State of lead risks (private and common areas)
• Parasitic report (Termites — Mérules) private and common areas
• State of natural and technological risks.
• The energy performance balance (BPE).
• Status of the gas installation
• State of the electrical installation

But also:

• Compliance of the sanitation installation for a pavilion
• Boundary for a building plot
• A copy of the property tax assessment notice

In case of major work:

• Building permit or declaration of work.
• Property damage insurance possibly
• Documents to be collected from the trustee (on their site possibly)
• Building maintenance log (drawn up by the trustee)
• The last 3 minutes of the General Assembly
• The last Statement of Charges
• Financial information issued by the trustee on the amount of charges attached to the condominium lots sold and the charges remaining to be paid both for the lots sold and for the condominium in general (this document will be requested directly by the notary in charge of drafting the promise of sale, it has a validity period and has a cost)
• Documents requested directly by the Notary
• Urban planning documents
• BASIAS data (National Database of Former Industrial Sites and Service Activities)

In conclusion

The number of documents and information to be provided is important. The sooner you gather the documents, the more likely you are to quickly sign a promise of sale, as soon as a buyer is interested, and to regularize the sale as soon as possible.

Check the title documents to ensure that there are no problems, and if there are no problems, and if this were the case, refer the seller to his notary and assist him in this process in order to successfully complete his file quickly

Advise the seller to Make an appointment with his Notary so that he checks the property titles and asks for the essential documents (mortgage statement, birth/marriage certificates, and any other documents that are not in the possession of the seller and essential for his real estate sale file)

HOME SELECT is there to help you bring them together and not forget anything.

For your acquisition, do not hesitate any longer, call on HOME SELECT your real estate hunter, because managing and analyzing everything is complicated and your time is precious.We will be at your side to:

• Obtain, from the seller or from the agency authorized by the seller, the documents necessary for your acquisition,
• Assisting you in all stages according to your needs
• A complete follow-up until the signing of the authentic act at your notary with whom we will be in contact.

DELEGATE your real estate acquisition project to HOME SELECT is the assurance of a safer, faster and more effective conclusion.