The breakdown of the cost of works between buyer and seller

It often happens that at the time of the sale of an apartment in a shared property, a call for funds has been made to finance work. The distribution of the payment of these works is fixed by the law, but can also be the subject of an agreement between the parties concerned.

Payment of the works within a co-ownership property - all depends on the due date

It is not uncommon that before the signing of the sale of a condominium, the general assembly of owners has voted to approve work for the coming year. The managing agent then calls for the payment of the funds corresponding to the amount quoted for the work, this request for funds may be via a single or multiple stage payments according to a schedule established by the co-owners. In this case, it is up to the seller to pay the share of the amount required for the work, even if the work has been approved before the sale and would be undertaken after the sale. The general meeting of co-owners also decides on the due date for the request for funds when voting on the works, and the date of execution of the works does not modify this rule. Thus, calls for funds for work due before the signing of the sale are to be paid by the seller, and those that will be due after the sale will be paid by the buyer.

Parties can agree differently on the costs of the works

Despite the general rule regarding the distribution of works, the parties remain free to agree differently and decide on a different distribution of the costs of the approved works in the building. Generally, the seller will have already voted on the proposed work in general meeting before the sale of the apartment. Pre-contracts therefore often include a clause according to which the works voted before the signature of the preliminary contract, whether executed or not, are the responsibility of the seller. As long as the schedule of calls for funds is not taken into account, because an agreement between the seller and the buyer is only between themselves, they are therefore obliged to organise the procedure between themselves with regards to any payments. For the trustee, it is always the owner of the dwelling who is liable for the amount due for the work on the day the call for funds is due.

Between the pre-contract and the final sale, the buyer can participate in the AGM

It may happen that a general meeting is held between the signing of the preliminary contract and that of the final deed of sale. From this moment, the seller can decide to send a copy of the notice to the buyer, and give him the power to represent him at the general meeting. A future buyer can therefore easily begin to participate in the decision-making concerning the future of the property and co-ownership. On the other hand, it should be noted that this option can only be granted if the possibility has been specified in the preliminary contract.

Updated date : 17/07/24
Creation date : 09/11/18

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