With the entry into force of the Competition Act, as of August 29, 2017, those who want to sell or buy a property can apply for a deposit at the notary, a very strong instrument that protects the buyer in particular.
The notary's account allows you to check for no foreclosures, mortgages, seizures or multiple sales by preventing the buyer from losing the money paid to the seller at the time of the decease.
Specifically, the deposit of the price consists in the possibility for one party to request the notary to keep in store the balance of the price paid by the buyer on a dedicated account until such time as all formalities are completed the sale.
Amounts on this account are not forfeited and are subject to the obligation to record in the sum and value register.
The entire amount or part of it may be paid on the deposit account as well as the sums intended to extinguish any liabilities incurred by the seller: for example, a property that is still in the process of being mortgaged.
On the other hand, the payment of the deposit or deposit money for the purchase of the property is excluded, unless the parties agree to enter into a preliminary contract by a notarial act.
By law, interest accrued on the sums paid will be used to refinance credit for small and medium-sized enterprises.
This new standard, which is already in force, is retroactive and indisputable, so preventive exclusion clauses are not permitted, or one of the parties may oppose it if the other requires its implementation.