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Fixtures, fittings and
furniture
A
horror story commonly heard in relation to purchasing real estate property
in
France
is that people have signed for a property only to
discover that it has been stripped bare with naked wires left exposed,
doors removed and gaping holes left in walls where fixed cupboards have
been ripped out. How can the
purchaser protect him or herself against becoming the victim of such
actions and how should the issue of the purchase of furniture be dealt
with?
Fixtures
and fittings
Whether
an item is a fixture and fitting (immeuble par destination) is defined in
the Civil Code. One of the
principal means of determining whether an item falls within this category
is whether or not it is attached to the property by means of cement e.t.c.
or whether it can be removed without damage to that part of the property
to which it is attached. Therefore,
if a fixed cupboard has been ripped out leaving a gaping hole, it is
highly arguable that it is a fixture and fitting which should be sold as
an integral part of the property. It
is possible to specify in the contract items that are to be regarded as
fixtures and fittings that must remain but it is not possible to change
their nature simply by agreeing that this is to be the case.
Prior
to signing the deed of completion, a purchaser should always visit the
property again to check that everything is as it was when the first
viewing occurred and that the vendor has complied with his or her various
obligations. If problems of
this nature are uncovered, they can be easily rectified, normally by part
of the purchase price being withheld from the vendor by the notaire until
the appropriate action has been taken.
If a purchaser cannot view the property him or herself, he or she
should try to arrange for somebody else to visit the property on his or
her behalf.
Furniture
Often
various items of furniture will be included within the purchase price.
Usually, this is discussed at the time of first viewing.
The items that are to remain should be listed either in the body of
the contract or as an annexed list. The
fact that their cost is included in the overall price should be specified.
If there is a possibility of purchasing additional items for a
separate sum, a list should be drawn up between the parties, embodied
within or annexed to the contractual paperwork.
Payment can be made directly but no money should change hands until
completion day. A purchaser
should check the property shortly prior to signing, as mentioned above in
relation to fixtures and fittings, to ensure that the furniture purchased
has been left.
25/08/2003
- Issue of the week
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