Delivery of a home sold in future state of completion (Vefa)

Consequences of the delivery on the obligation to pay the price

Payment of the balance of the price of the accommodation is due

The delivery of the accommodation is the moment when the balance of the sale price of the property, corresponding to 5% of the overall price, becomes payable. In practice, the promoter sends the buyer the last call for funds that the buyer must pay within the contractually agreed deadlines.

Recording of the balance of the house price

Upon delivery of the goods, defects or lack of conformity can be observed. They are then subject to reservations noted in the delivery report signed by the buyer and the promoter.

In this case, the buyer is entitled to record the balance of the prize. This means that it does not directly pay the promoter the remaining part of the sale price but deposits it in the hands of a third party (e.g. notary).

The deposit of the balance of the price thus allows the buyer to suspend the direct payment of the price to the seller while obtaining the delivery of the good. Indeed, the developer (seller) cannot refuse to deliver the dwelling on the grounds that the balance is recorded and not paid into his hands.

In the absence of agreement of the parties (buyer and promoter) on the place and conditions of the deposit, it must be made at the Caisse des Dépôts et Consignations.

It is possible to use the following form:

Record the balance of the sale price of a Véfa home

Consequences of the delivery on the guarantee of apparent defects and lack of conformity

The seller in Vefa is required to issue a compliant dwelling:

• Contractual documents (plans, specifications, description, condominium rulesadvertising materials with contractual value etc)
• The techniques, standards and practices accepted by building professionals
• The technical requirements applicable at the time of works (UTD, NF standards, technical opinions, etc.)
• The requirements of strength, safety, tightness, durability and functionality expected of a competent professional.

However, it happens that the housing delivered presents disorders (defects, construction defect, lack of conformity etc.). We can then distinguish between apparent and hidden defects.

One vice shall be considered as apparent when it can be found by a non-professional buyer, during simple verifications, without special technical investigations or intervention of an expert. In practice, the disorder is apparent, the manifestations and consequences of which are immediately visible to the buyer.

Conversely, the hidden defects are those that are discovered for use in the dwelling or after special examinations (soil studies, investigations in the structure, etc.).

The delivery of housing is of particular importance for apparent defects. When delivery takes place after receipt of the work between the promoter and the companies, the buyer has a period of one year from the expiration of the month after taking possession to act against the seller under the guarantee of apparent defects.

In concrete terms, when the buyer finds apparent defects, he can engage a action in guarantee of apparent defects against the promoter. This action must be exercised before the expiry of the deadline (depending on the latest event):

• or 1 year from receipt,
• or 13 months from taking possession.

After this period, the seller can no longer be held liable for apparent defects.

Consequences of delivery on late payment penalties

The parties (seller and buyer) may include in the contract of sale in the future state of completion (Vefa) of the property, a penalty clause fixed fixed damages for late delivery (penalties per day of delay, etc.).

The penalty clause has a comminatory function (encourage the seller to realize the good on time) and a repair function (advance conventional assessment of injury).

Thus:

• If the goods are completed and habitable on the expected date of delivery, the buyer cannot request the payment of penalties

• If there is a delay in delivery with regard to the contractual date, the seller must, in principle, pay the penalties for delay provided for.

Consequence of delivery on the allocation of risks and responsibilities

In Vefa, delivery results in transfer of custody housing of the promoter to the buyer. He becomes its guardian. This means that from this date, the buyer becomes responsible for his property on a daily basis and must ensure its use, maintenance and safety.

From delivery if the accommodation causes damage to a third party (for example, a tile that comes off and injures a passerby, or a water leak that damages the neighbor's apartment), the tort liability of the buyer can be sought.

Similarly, the contract of sale may stipulate that the purchaser will take care of certain finishing or fitting-out works himself after delivery (for example, the laying of certain coverings, the installation of a fitted kitchen or other permitted fittings).

It then accepts the costs of implementation and the resulting responsibilities. If these works cause damage — to itself, a third party or common areas of the building — it will not be able to turn against the developer.