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AMICABLE SALE:

The amicable sale can be carried out at the request of the debtor in the event of authorisation issued by the judge. The hearing date will be set within a maximum of four months.

In the presence of proof of a sales agreement, a period of three months may be granted in order to conclude the authentic deed of sale of the seized property.

The amicable sale is final after the determination by the judge of the fixed conditions.

AUCTION/ FORCED SALE:

The date of the adjudication hearing will be set within 2 to 4 months by the judge. During this period, the forced sale will be advertised at the debtor’s expense. The fixing of the price of the seized property is established by the judge.

The property subject to a forced sale can be visited by potential buyers..

The auction must be brought by a lawyer during the adjudication hearing. An overbid of a minimum of 10% of the main sale price is possible, again through a lawyer, within 10 days of this hearing.

SALE OF THE PROPERTY:

The sum obtained following the sale of the property by auction or by amicable sale, will make it possible to reimburse the debtor’s creditor(s). The amount collected is not attributed to the owner of the property but will be kept pending transmission to the creditor.

In the event of a higher value obtained by this sale, the debtor will retain the capital gain after repayment of all the amounts due, or, in the event of a lower value, will remain debtor of his creditor for the remaining amount.

PROPERTY IN A COPROPRIETE

Every year, the syndic of the building will be calling a General Meeting. 

It is important to be present or represented at a General meeting of your building in order to be able to voice your position on the different. 

HARROP LAWYERS often represent their clients to such meeting. 

If you want to contest a decision that has been voted on at the general meeting It is possible  objecting: Co-owner having voted against a decision of the general meeting. For example, you can challenge a resolution that was not adopted by the correct majority or that discussed an issue that was not on the agenda of the general meeting.

You can also challenge the absence or irregularity of the notice to attend the general meeting if you have not been called or if you have been irregularly called. The fact that the mandatory documents have not been sent with the invitation to the general meeting is also a cause for the nullity of the general meeting.

It is not necessary to justify a particular prejudice to challenge a decision taken in disregard of the law. It suffices to demonstrate that the rules, provided for by law, concerning the organization or operation of the general meeting or the decision itself, have not been respected.

To contest a decision, you must appeal to the court of the location of the building within 2 months of the notification: Formality by which a procedural act or a decision is brought to the attention of a person from the minutes of the general meeting. This notification must be made by the trustee within 1 month of the holding of the general meeting.

Your appeal to the court must be directed against the syndicate of co-owners represented by the trustee.

At the end of the 2-month period, the decision can no longer be challenged, even if it is irregular.

On the other hand, the decision can be challenged for 5 years if the trustee has not notified the minutes within the time limit.

If the court agrees with you, it cancels the irregular decision and may award you damages and interest: Sum of money intended to repair the damage suffered.

On the other hand, if the court finds you wrong, you may be ordered to pay damages for abusive recourse.

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