You terminate the reservation contract for an off-plan apartment
You buy an off-plan apartment. Upon receipt of the final draft contract sent to you by the notary, you notice that technical modifications have been made before delivery of the apartment. You can obtain the cancellation of the contract and the return of the security deposit, or even damages if you have suffered damage, by sending a registered letter with acknowledgment of receipt to the seller and to the organization with which the security deposit has been done.
Indeed, the buyer can withdraw from the sale and obtain a return of his security deposit under the conditions set by article R. 261-31 of the Construction and Housing Code, for example when the changes made in the nature or the quality of the works lead to a reduction in the value of the accommodation of more than 10%, or if one of the equipment is not provided. The final draft contract must be sent by the notary one month before the date of signature. Reimbursement must be made at the latest within three months of your request.
recommended letter with receipt note
Dear,
Upon receipt of the final draft contract for the purchase of my future apartment, I noticed an extremely important modification, which consists in the creation of a parking space under the windows of the building, instead of and place the green spaces initially planned.
I am surprised not to have been warned before, which would have allowed me to redirect my projects towards another real estate transaction. I do not wish, under these conditions, to proceed with my reservation.
In addition, your delay in informing me involves a significant financial loss for me, because I am now out of time to obtain tax deductions. I therefore ask you, in addition to the reimbursement of my security deposit, to compensate me for the financial loss that I have suffered and that I estimate at (…) euros.
Please accept, Madam, Sir, the expression of my best regards.
(Signature) 125
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