Sale of condominium

To inform people about the sale of your property, you can publish an advertisement and show the property to interested people.

Publish Listing

Real Estate Sale Listing must have the main characteristics of the apartment. It provides the following information:

• Sales price
• Condominium building, number of lots
• Annual amount of expenses of the provisional budget paid by seller
• Foreseeable expenditure listed in the energy performance diagnosis
• Procedures related to financial difficulties of co-ownership

It directs the buyer to the Georisques site to verify the natural and technological risks likely to affect the property.

If you mandate a professional (real estate agent, notary...) to sell your property, the advertisement shall specify the amount of his fees and whether they are payable by the seller or the buyer.

Show the property

On 1^re visit you (or your agent) must provide a risk statement to the future purchaser, if the dwelling is in an area of exposure to a natural, mining, technological, seismic or radon risk.

You can obtain this information and complete the risk statement directly using an online service:

Aid for the filling in of the risk and pollution report

The interested person can send you an offer to purchase. It must contain the following information in order to be valid:

• Date
• Period of validity
• Designation of the apartment concerned
• Price offered

If you accept the offer, your agreement must be in writing and signed. You agree to sell at the prices and conditions indicated. You will not be able to reconsider your decision.

The signature of a promise of sale is not mandatory. It determines the price and conditions of the sale.

The promise can be fulfilled under one of the following 2 forms:

• Act under private signature carried out directly by you or with the support of a real estate agent for example
• Authentic instrument drawn up by a notary, (mandatory when the seller is a natural person and the period of validity of the compromise exceeds 18 months)

At the latest, on the date the promise to sell is signed, the seller will provide you with documents and diagnostics. They inform you about the characteristics of the property. They shall be annexed to the promise to sell.

At the latest, on the date of signing the promise to sell, you provide the buyer with documents and diagnostics. This information relating to the characteristics of the property is appended to the promise to sell.

Information on the organization and operation of the co-ownership 

• Synthetic card on the organization, operation, technical and financial characteristics of the co-ownership
• Co-ownership Regulation and description of division of the building and the published amending acts
• Minutes of general meetings of the last 3 years
• Maintenance Log building
• Conclusions of the comprehensive technical diagnosis (DTG) if available
• Information notice on the rights and obligations of the co-owners and on the functioning of the condominium pool

Information on the financial situation of the condominium

1. Current Expense Amounts for provisional budget and charges outside the planned budget that you paid for the 2 fiscal years prior to the sale
2. Where it exists, the amount of the works fund attached to the lot and the last contribution you made
3. Amounts the buyer may owe to the joint owners' union for example, the amount of a cash advance
4. Overall Status of unpaid charges within the joint owners' union and debt to suppliers

Building condition information (technical diagnostic case)

You must build a technical diagnostic file and deliver it to the buyer at the same time as the promise to sell.

It includes the following:

• Energy Performance Diagnostic (EDP)
• Lead Risk Assessment (Crep) of the private part
• Statement of presence or absence of asbestos (or asbestos diagnosis)
• State of indoor electricity installation if the installation of the private part is more than 15 years old
• State of indoor gas installation if the installation of the private part is more than 15 years old
• Status of the non-communal sewer facility if the condominium is not connected to the communal sewer system
• Report on the monitoring of the connection to the public network of mandatory collective sanitation in 71 municipalities in Île-de-France to improve water quality for the 2024 Olympic Games freestyle and triathlon events
• Status of termites of the private part
• Condition relating to the risk of grouse if the building is in an area, determined by a prefectural decree, where the presence of grouse has been reported in the town hall (see with the town hall)
• Risk and pollution status (natural, mining, technological, seismic, radon...)
• Noise Diagnosis when the property is in a noise zone defined by an aerodrome noise exposure plan
• Certificate attesting the conformity of the wood-burning appliance with the installation and emission rules laid down by the prefect in the department when the property is located within the perimeter of an atmospheric protection plan
• Housing Information Booklet (CIL)
• Private area of the co-ownership lot (Loi Carrez)

Delivery of documents

You can send these documents by mail, by hand or by a dematerialized process (mail, USB key) with the written agreement of the buyer.

The buyer attests to the delivery of the documents by signing the promise of sale before notary.

When the promise is written and signed without the presence of a notary (the document is drawn up under private seal), the purchaser shall certify the delivery of the documents in a dated and signed written form.

Dated Report

At your request and before the sale, the liquidator establishes and transmits a dated report to the notary.

The dated statement indicates, on the date of its realization, the amounts that you owe to the union of co-owners and conversely the amounts that it may owe you. 

This document allows the buyer to assess the expenses related to his co-ownership lot. He can anticipate the charges he will have to pay once the apartment is purchased.

Receiving a deposit

You can request a deposit. If the promise of sale provides for it, it is paid at the end of the withdrawal period 10 days from the buyer.

However, before the end of the withdrawal period, a remittance request can only be authorized if you are in any of the following:

• Promise made through a professional authorized to contribute to the sale (for example, a notary or real estate agent)
• Or a deposit made with a professional who has a financial guarantee dedicated to the refund of the funds deposited (recommended even in the absence of a request for payment before the end of the withdrawal period)

The prepayment amount is generally fixed between 5% and 10% the selling price. He is deducted from the total price on signature of the definitive act sales.

The authentic deed of sale is signed before a notary chosen by the buyer. If you also want your notary to intervene, the 2 notaries share the costs without additional cost.

You don't have to pay notarial fees, unless otherwise agreed with the buyer, they shall be paid in full by the buyer.

The notary may establish a power of attorney at a distance when the parties cannot go to his study to sign the deed. It may obtain their consent and signature by electronic means.

At the time of signature, the buyer must have in his possession the following documents in validity:

• Risk finding for lead exposure
• Report mentioning the presence or absence of asbestos-containing materials or products (asbestos diagnosis)
• Report on the termite presence in the building
• State of the indoor gas installation
• State of indoor electricity installation
• Control report of the non-collective sanitation or collective sanitation facility in areas where sewage and storm water discharges may affect the Olympic freestyle and triathlon events in the Seine

If any of these documents are not provided, you will need to to guarantee the hidden defect correspondent.

The buyer may request cancelation of the contract or a reduction of the price if thestate of natural and technological hazards, mining, foreseeable natural hazards was not given to him while the accommodation is located in an affected area.

The trustee must send the notary a certificate of less than 1 month that certifies that you have no debt to the condominium. Otherwise, he informs the trustee within 15 days of the sale, to allow him to oppose payment of the sale price.

The authentic bill of sale must include the registration numberregistration of joint ownership in the register of condominiums.

When the final act is signed, ownership of the property is transferred to the buyer and you give him the keys. Only the buyer receives title.

In order to secure the sale, the entire sale price must be paid into the notary's account before the signature of the authentic instrument.

After the signature, the notary sends an authentic copy of the bill of sale to the land advertising service. The sale price is paid to you following registration by the tax authorities. You can ask the notary for the deadline.

The trustee must be informed by the notary, the buyer or by yourself of the change of ownership as soon as the sale has been signed at the notary.

Notification sent to the liquidator, preferably by registered letter with acknowledgement of receipt, must specify the following information:

• Buyer's full name and address and, subject to agreement, e-mail address
• Surname, forenames and domicile of the representative provided as part of a good sold in division or usufruct if necessary and, subject to its agreement, its e-mail address
• Refund Terms of collective borrowing in progress, subscribed by the co-owners' union. This loan finances work within the condominium. At the time of the sale, the amounts remaining due become immediately payable. However, the repayment obligation may be passed on to the new co-owner following an agreement between the buyer and you.

After notification of the sale to the liquidator, expense claims are paid by the buyer or by you depending on the nature of the expenditure.

You pay the reserve due from provisional budget. These expenses correspond to the current expenditure on maintenance, operation and administration of the parts and common equipment of the building.

On the other hand, the payment of provisions for expenditure not included in the provisional budget shall be borne by the co-owner at the time when they become due. These include charges for improvement and non-maintenance work.

If too much or less of the charges related to the batch are collected at the time of the annual adjustment of the charges, the refund or payment of the difference shall be made to the person who is the co-owner at the date of approval of the accounts.