By Sophia_Johan
Good evening everyone,
Being new to the forum, I hope to post my question in the right place.
Here is a rundown of the situation in which I find myself currently:
My husband and I were about to sign a sales agreement for a building in order to acquire it, when the seller’s notary transmitted more than cumbersome information to our notary: the building in question is under agreement ANAH. Thus, if we buy it, we will inherit the disadvantages (capped rents etc.) without the “advantages”. We do not wish to continue this agreement in any way because it is of no interest to us in relation to our investment strategy and the forecast that we have established. Indeed, we find ourselves with a ceiling of 3.12 € per m2 and therefore derisory rents while we intend to restore the apartments to where they are currently uninhabitable.
For information: the owner signed this agreement in 1999 and it was to end in 2008. However, not having denounced it, the said agreement, by tacit agreement, is automatically renewable by three years. We are in 2021 and in fact, it will run until 2023.
While carrying out research on the subject, we read that the purchase in SCI with the IS – and it is precisely in this way that we wish to acquire this good – and the convention ANAH are incompatible. However, the person in charge of the ANAH conventions signed before 2006 – with whom we spoke – explained to us that this did not pose any problem and that we had no recourse to get out of this convention.
In addition, the apartments in the building have not been rented for a little over two years; which seems to constitute a breach of the signed agreement:
“The accommodation must be rented out throughout the agreement period. A maximum period of 1 year to find a tenant is allowed, on presentation of proof.” => cf. official website of the French public administration: Service-Public.fr
In conclusion, you will understand, we want to find a legal way to withdraw from this contract. Consequently, do any of the above points constitute a motive to break this convention? What are our remedies? The fact that the seller is not honored part of the contract could not allow us to make the agreement null and void?
In short:
Purchase of a building under ANAH agreement (information given at the last minute) Uninhabitable housing as is, therefore work at our expense not subsidized by ANAH Rents capped at 3.12 € per m2 therefore derisory rental income Housing not rented since two years, at least, so blow of knife in the contract concluded with the ANAH Purchase in SCI with the IS + convention ANAH => incompatible
Thanking you in advance for your answers, ideas, suggestions …
Sophia_Johan.
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