What clauses suspensifs to include in the Compromis De Vente

[ORF]

Hello,

I have just had an offer accepted on a studio apartment in Nice and am now waiting for the relevant documents to arrive.

I would like to add some clauses suspensifs to the Compromis De Vente. I have come up with the following and would appreciate any advice on whether they could all be included, whether they should be accepted by the seller and / or if others could be added.

I have the right to cancel my purchase of the property and receive the deposit back in full if:

The survey highlights anything out of the ordinary

I do not receive a mortgage loan from: CREDIT AGRICOLE BRITLINE, 15 esplanade Brillaud de Laujardière, 14050 CAEN CEDEX, FRANCE. 

If I cannot use the property for short term holiday lettings

If any of the utilities including water (hot & cold) and electricity are not in good working order or require renovation or need to be updated to conform to government standards.

If I am not able to move or remove the interior (non structural) walls, comprising of the kitchen and bathroom.

If I am not able to install air conditioning

If I am not able to move or remove the existing radiators

If there are any major neighbours disputes which may affect the property.

I will not be liable for any pending items such as works approved but not carried out (repairs / refurbishments etc) as agreed by the Copropriete.

I look forward to hearing your responses,

Oliver

[Clair]

I would suggest a lot of these should already be in the "Règlement de Copropriété".

1.    The survey highlights anything out of the ordinary:

you should have had a survey prior to making an offer. This is too vague and likely to be rejected by the vendor

2.    I do not receive a mortgage loan from: CREDIT AGRICOLE BRITLINE, 15 esplanade Brillaud de Laujardière, 14050 CAEN CEDEX, FRANCE. 

Standard claude when a loan is required for the purchase

3.    If I cannot use the property for short term holiday lettings:

see the Règlement de Copropriété

4.    If any

of the utilities including water (hot & cold) and electricity are

not in good working order or require renovation or need to be updated

to conform to government standards. 

See 1

5.    If I am not able to move or remove the interior (non structural) walls, comprising of the kitchen and bathroom.

See 3

6.    If I am not able to install air conditioning.

See 3

7.    If I am not able to move or remove the existing radiators.

See 3

8.    If there are any major neighbours disputes which may affect the property.

How will you know?

9.I will

not be liable for any pending items such as works approved but not

carried out (repairs / refurbishments etc) as agreed by the Copropriete.

You might still be liable, but able to sue the vendor

Some sites for further info:

Copropriété

French copropriété: introduction (English)

mon immeuble

[BJSLIV]

Ask yourself whether you would sign an agreement with all these get outs if you were the vendor...........

[Chief]

[quote user="ORF"]

Hello,

I have just had an offer accepted on a studio apartment in Nice and am now waiting for the relevant documents to arrive.

I would like to add some clauses suspensifs to the Compromis De Vente. I have come up with the following and would appreciate any advice on whether they could all be included, whether they should be accepted by the seller and / or if others could be added.

I have the right to cancel my purchase of the property and receive the deposit back in full if:

The survey highlights anything out of the ordinary

I do not receive a mortgage loan from: CREDIT AGRICOLE BRITLINE, 15 esplanade Brillaud de Laujardière, 14050 CAEN CEDEX, FRANCE. 

If I cannot use the property for short term holiday lettings

If any of the utilities including water (hot & cold) and electricity are not in good working order or require renovation or need to be updated to conform to government standards.

If I am not able to move or remove the interior (non structural) walls, comprising of the kitchen and bathroom.

If I am not able to install air conditioning

If I am not able to move or remove the existing radiators

If there are any major neighbours disputes which may affect the property.

I will not be liable for any pending items such as works approved but not carried out (repairs / refurbishments etc) as agreed by the Copropriete.

I look forward to hearing your responses,

Oliver

[/quote]

As a seller i would immediately think you wanted your cake and to eat it.  Vague suspensifs to say the least. Many of the items you list should be considered and acted upon before you make an offer.  Being as kind as possible to you, i would surmise that you have jumped into a deal, and are now considering your 'offer in haste' in the cold light of day.  You should have applied the reason and logic before you made the offer.  My guess is that had you acted a littlwe slower, you would have had answers to all these questions before you made your offer.

[Deimos]

If I was selling I would still be looking for somebody to buy.

Some is your "issues" could be established by yourself in a few moments !! (e.g. Can I remove interior non-structural walls). I would think that a clause about getting a mortgage is fine, but to name a specific bank, specific branch might be a bit OTT. A lot of the clauses are very vague and normally checked before the CdV anyway.

As I say, if it was me selling I would be looking for somebody wanting to buy.

Ian

[Babbles]

Our Notaire, stated about which mortage but also what interest rate, so is you could only get a mortgage at an high rate you still wouldn't have to complete, there are probably too many issues for clause suspensive , but still ask the questions as the information could be made to you on the day you sign the compromis, if you see the information before you sign they don't have to be included so it then doesn't look like your being unreasonable.