The race for building land is a sport that requires endurance. Promoters, by their profession, are generally well trained. Sellers tend to play in the amateur category, often discovering through notarial acts and other contractual documents all the subtleties of land transactions.
The Biarrot Franck Perrin thought he was one of the “enlightened” enthusiasts: he always observed the construction and real estate market in the city where he was born, there is…
The race for building land is a sport that requires endurance. Promoters, by their profession, are generally well trained. Sellers tend to play in the amateur category, often discovering through notarial acts and other contractual documents all the subtleties of land transactions.
Biarrot Franck Perrin thought he was one of the “enlightened” enthusiasts: he always observed the construction and real estate market in the city where he was born 70 years ago. As prices rise, available land becomes scarce, appeals against building permits multiply.
When it was necessary to settle the inheritance of his dead parents in 2018, it was not a promise to sell, but a promise to buy that was signed for the purchase of 1,738 m² of land on the family farm Constantine Street. “And in this act, it is specified that there are no suspensive conditions. Therefore, even if the construction permit is not granted or contested by appeal, the developer undertakes to conclude the sale. Unless, in his case, it did not work as expected.
In the wings
“Those who are prey to scams, puzzles and other problematic transactions often do not have the courage to reveal the bottom of the negotiations, I decided to come out of the woodwork, to show behind the scenes,” says the man who its notoriety in Biarritz is also related. to his candidacies in various local elections under the National Rally label.
The famous purchase promise was signed in August 2021 with Sagec for an amount of 2.5 million, without monetary performance. A first trap arose immediately: one of the four brothers wanted to entrust the business to another promoter. He immediately took the matter to court for summary judgment. This legal danger explains why the promoter puts the matter on hold.
The three other vendors, subject to the slow pace of court decisions, are patient. Dismissed at first instance in February 2022, the angry sister appealed and in October 2022, the court of Pau went in the same direction, authorizing the signature of the authentic act by the three other heirs.
“There was no appeal and the four of us are now in sync. We waited almost fifteen months to get out of this legal aspect. Therefore, we thought that we could finish the transaction in 2023”, says Franck Perrin. “But this was not the case because Sagec did not honor its promise of August 2021 and is playing for time.”
As proof, he wants the deficiency report, drawn up by his notary after a summons for the signature at which the promoter did not appear, on October 10, 2023. “Subsequently, the formal notices with new Penalties have been sent to them at the end of December 2023, but that does not make them move.
Earthen pot versus iron pot
As for Sagec, manager David Freslon denies being forced to buy. “This is of course our desire, but Mr. Perrin gets angry. For us, there is no dispute, only a discussion in a private transaction.” The seller does not see it that way: “He explained to us that the purchase could be made when the appeals for the construction permit were definitively cleared. That goes against the absence of suspensive conditions. In addition, there have been attempts to offer a no-cost deposit in exchange for signing a sales promise. This is very smart because it eliminates the obligation to honor the purchase promise. And, of course, that would keep us tied hand and foot even longer.
The lawyer of Franck Perrin confirms: “In this case, the promoter played on the division between the members of the brothers.” “By putting this in the public arena, the vendor exposes itself to preemption by public authority,” adds David Freslon.
The threat is swept away by Franck Perrin: “This part has already been resolved with the approval of the construction permit.” Built in 2021, then modified, this permit was granted in 2022. It foresees 50% of social housing, or 10 apartments out of 20. Like many collective housing projects, it is contested by local residents: three appeals are still pending.
“The prospect of seeing them purged is very remote. After more than a year in the administrative court, we are almost at the appeal stage. Then, there will be a cassation and maybe a return to the appeal court. It is still years to wait for the sale”. As for the solution of finding another buyer or choosing the legal path against the developer, the family rejects it “even if we seem to be sitting on a pile of gold, we all have a modest financial situation and given our age, we can’t wait any longer,” concludes the man who just celebrated his 70th birthday.