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Category: French Law
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Can a local mayor exercise the communes droit de pre-emption

Customer Question

Can a local mayor exercise the commune's droit de pre-emption if he or it thinks the agreed price is too low and force the buyer to pay more? David
Submitted: 3 years ago.
Category: French Law
Expert:  Nicola-mod replied 3 years ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 3 years ago.
Happy to continue waiting but how much longer do you think you need? I need a reply by, say, Monday. Thank you. David
Expert:  Nicola-mod replied 3 years ago.
Hello,

I'm afraid JustAnswer cannot guarantee a time. We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Expert:  Thegonnec replied 3 years ago.
Hello,
The droit de pre-emption cannot be used to force a buyer to pay more, even if it sometimes may result as such. It can be enforced only if the commune has a reserved used for the building (according to its planning policy).
Yet, if the selling price is too low compared to market value, tax authorities are most likely to get interested and will likely tax the seller on CGT based on the actual market value.
Expert:  Nicola-mod replied 3 years ago.
Hello,

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Thank you,
Nicola