Question to an expert
I am selling my apartment, do I have to give a dated pre-statement to the buyer?
On the sale of real estate in co-ownership, the seller must provide certain financial information as soon as the promise is made (in addition to copies of the deeds organizing the co-ownership and a certain number of documents relating to the life of the co-ownership).
Thus, he must inform the buyer of the amount of current charges and work paid for the two previous accounting years, the sums which will be due by the purchaser, the state of the debts and unpaid debts of the co-ownership, as well as the amount of the work fund and the last contribution paid.
This obligation applies even if the property sold is not for residential use, and even if the purchaser is not an individual. If the buyer is an individual and the property is for residential use, his ten-day legal withdrawal period will not run until this information has been sent to him.
The trustee is in the best position to provide them and the practice has set up a document for this purpose called a “dated pre-statement”. If the trustee does not provide this document, or if the seller does not wish to pay the cost, it is up to the seller to collect the information listed above and send it to the notary. This is a heavy responsibility for the seller who takes the risk of providing incomplete or erroneous information.