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The distribution of loads when selling a lot
Burden balancing during a sale
The law provides for the method of distribution of co-ownership charges between the seller and the buyer, when selling a lot:
• the seller must pay the provision due from the provisional budget,
• the payment of the provisions of expenses not included in the provisional budget is the responsibility of the seller or buyer, who is co-owner at the time of exigibility.
The law also provides that the overpayment or less collected on provisions, revealed by the approval of the accounts, is credited or debited from the account of the one who is co-owner when the accounts are approved .
Thus, an overpayment will be reimbursed to the buyer, who has become co-owner, while the charges have been paid by the seller.
Namely : the regulations allow the parties to the sale to conclude an agreement contrary to these provisions.
This agreement must be the subject of a specific clause in the special agreement and in the deed of sale.
For example, the parties may provide that all work voted on the date of the compromise remains the responsibility of the seller, or that the provision due for the quarter in which the sale will take place, will be shared proportionally between seller and buyer.
Namely : such a clause only takes effect between the seller and the buyer: the trustee will claim the provisions and reimburse any overpayment to the person, seller or buyer, having the status of co-owner. The parties to the sale cannot impose another rule on it.
• the seller must pay the provision due from the provisional budget,
• the payment of the provisions of expenses not included in the provisional budget is the responsibility of the seller or buyer, who is co-owner at the time of exigibility.
The law also provides that the overpayment or less collected on provisions, revealed by the approval of the accounts, is credited or debited from the account of the one who is co-owner when the accounts are approved .
Thus, an overpayment will be reimbursed to the buyer, who has become co-owner, while the charges have been paid by the seller.
Namely : the regulations allow the parties to the sale to conclude an agreement contrary to these provisions.
This agreement must be the subject of a specific clause in the special agreement and in the deed of sale.
For example, the parties may provide that all work voted on the date of the compromise remains the responsibility of the seller, or that the provision due for the quarter in which the sale will take place, will be shared proportionally between seller and buyer.
Namely : such a clause only takes effect between the seller and the buyer: the trustee will claim the provisions and reimburse any overpayment to the person, seller or buyer, having the status of co-owner. The parties to the sale cannot impose another rule on it.
Good to know
Decree No. 2019-502 of 23 May 2019 provides that the syndic must make available to each co-owner in a secure online space: his individual account, the amount of current expenses of the provisional budget and expenses outside the provisional budget for the last 2 financial years, the amount of his share of the work fund, and the notices of call for funds that have been sent to him over the last 3 years.
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