Would you like to buy a property? Alone or with others? You have not decided yet!
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For Buyers & Tenants24 November 20201 min read

Would you like to buy a property? Alone or with others? You have not decided yet!

You signed the agreement to purchase a property on your own, but you are now considering buying it with someone else or through a different structure. Are you entitled to do so? What are your options?

Yes, of course, you are fully entitled to do so! The risk is that you may have to pay registration duties twice: first when the property is sold to one person and then when it is sold to another person.
How can you avoid this double charge?
You have three options.

Provision in the agreement

 The agreement may state that you are purchasing the property ‘for yourself or for a third party to be specified’. This gives you five working days after signing the agreement to decide who the final purchasers will be. The notary then has 15 days to register this information.
Please note, however, that this option can prove cumbersome.

Termination by mutual agreement

Were you unable to meet this deadline? You can still opt to terminate the agreement by mutual consent. This requires all parties to agree, the notarial deed not to have been signed yet, and the agreement to be no more than one year old (if you wish to benefit from the favourable rate).

Reciprocal promise to purchase and sell

If you are likely to purchase the property with another person or a company but are not 100% certain, the simplest option is to draw up a reciprocal promise to purchase and sell. This combines an option to purchase (the prospective purchaser has the option to buy within a specified period) with a promise to purchase (they undertake to buy, also within a specified period).
The sale will therefore be concluded when the deed is signed.

Is everything clearer now? If you still have any questions, please do not hesitate to call us. We will be delighted to advise you.

J&J Properties

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