Investments: your recourse in the face of a disturbed real estate market


In the new made to plan, the promoter must provide proof from the project manager indicating the duration of the delay and the new delivery date envisaged. (© Fotolia)

The health crisis has lengthened the delays in a real estate market at a standstill during confinement. Our practical advice regarding the consequences of the delicate situations you encounter.

The real estate market has been put on hold for almost a quarter in its various components, whether it be rental, sale, renovation or construction.

The orders taken by the government to deal with the health emergency temporarily suspended certain legal deadlines.

The impact of these measures was felt during the resumption of activity. They sometimes created awkward or unexpected situations. Our advice on how to react appropriately.

Rent has not been paid

Residential rents are due, and no exceptions were allowed due to the health crisis.

For traditional direct rentals of old housing, dialogue was the best approach to favor to allow, if necessary, splitting, postponement or staggering of rental payments.

But the gradual return to a normal situation requires the tenant to settle his arrears.

In the case of accommodation operated within a service residence, such as a student or tourist residence, some operators have invoked a case of force majeure, within the meaning of article 1218 of the Civil Code.

The pandemic could not be anticipated by the operator when signing the contract.

Some operators then considered that this exceptional environment

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