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Does the SCI that buys a property benefit from a withdrawal period after the signing of the compromise?
Withdrawal period in SCI
The withdrawal period is a right granted to the non-professional buyer of a property. The professional buyer is not protected by law and therefore cannot claim it.
When the buyer is an SCI, it benefits from a withdrawal period if it is considered a non-professional. On the other hand, if she is a professional she will not benefit.
How do I know? It is necessary to take an interest in the corporate purpose of the SCI, that is to say its activity, as indicated in its statutes. Thus, an SCI whose object is "the acquisition, administration and management by rental or otherwise of all buildings and real estate" is considered a professional and will not benefit from a withdrawal period.
This solution was put forward by the judges.
When the buyer is an SCI, it benefits from a withdrawal period if it is considered a non-professional. On the other hand, if she is a professional she will not benefit.
How do I know? It is necessary to take an interest in the corporate purpose of the SCI, that is to say its activity, as indicated in its statutes. Thus, an SCI whose object is "the acquisition, administration and management by rental or otherwise of all buildings and real estate" is considered a professional and will not benefit from a withdrawal period.
This solution was put forward by the judges.
Good to know
If the corporate purpose is drafted in a very general way (aiming for example at the acquisition, sale, rental, management of any real estate), the SCI acts within the framework of its activity.
In this case, it is a professional buyer, and can not benefit from the withdrawal period, even if it is constituted between the members of the same family.
In this case, it is a professional buyer, and can not benefit from the withdrawal period, even if it is constituted between the members of the same family.
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