Very often, the surface area in the architectural plans is approximate and there are differences to be expected between it and the one established by the land surveyor when the building is built. For most people, the important thing is the habitable surface area, that is to say what they will be able to use. However, when buying off-plan, the surface area announced is often the gross surface area which is calculated from the exterior walls and which can include, for example, the surface area of the balcony. In addition to the loss of precious centimetres for your interior design, you may realize that the surface area/price ratio is not as saudi-arabia business email list advantageous as you thought. In addition to this case, there are also all the cases where the plans change during construction. As a result, your sofa may no longer fit in your living room!
Delivery time : The preliminary contract often protects the developer by removing any liability in the event of a delay in the delivery of the building, if this delay is the result of force majeure. The buyer may therefore find himself with storage and accommodation costs because the developer cannot deliver his condo on the promised date, without the possibility of claiming damages or cancelling the agreement.
Deposit Protection
Since January 1 , 2020, deposits cannot be paid directly to the developer or builder “without further action”. The law requires that deposits be protected by a guarantee plan, insurance, a surety bond or a deposit in a trust account.
In addition, in certain circumstances, the law now requires the developer to return the deposit paid for the purchase of a fraction of a co-ownership, if it is not delivered on the agreed date. If you experience a situation of late delivery, check with your notary whether you are entitled to demand the return of your deposit.
What to do
To protect yourself, ask the developer questions to understand what his obligations are and what yours are. For example, is he required to install the ornamental fountain that you liked so much in this project or was it just a "decorative" element on the plan? Being aware of the possible differences in surface area, establish your limits and indicate them in writing in the preliminary contract. In other words, establish your requirements, your limits and your recourses in the contract. If the developer refuses all your requests, ask yourself if you care enough about this condo to give up these protections. Before committing, do not hesitate to consult your notary. He is a specialist in real estate law and his advice will save you a lot of inconvenience.
The promised surface area and the delivered surface area
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