12. Handover of Your New Home in France
12.4. Refusal of Handover - Le Refus de Réception
If you and your advisor are completely dissatisfied with the works then handover can be refused.
If you do not accept handover it is called le refus de réception.
You need to be able to justify refusal of handover.
You should be able to do so where the property does not conform, in a substantive manner, with the terms of the contract, or there exists one or more defects that render the property incapable of normal occupation.
It is may well be that there are defects or non-conformities of both a substantive and minor nature. In these circumstances you would be justified in refusing the handover on the substantive issues, and accepting conditional handover on the minor defects.
It can all get very 'bitty', but that is often the way the law works in France.
You are not obliged to handover the retention to the notaire, which you can retain yourself.
Where agreement cannot be reached about the works to be carried out then, ultimately, you have the right to invoke the procedure under the delivery guarantee for a third party to complete the works.
Alternatively, as with a conditional handover, either party would need apply to the court for a ruling.
Back: Conditional Handover
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