Pre-emption lawyer

What is the right of pre-emption?

The right of pre-emption is a right granted to a public body (often the local authority) to buy a property in place of another person when it is put up for sale. Often, the sale price is much lower than the price at which the seller intended to sell the property.

For example, you want to sell your property and you have found a buyer. Before finalising the sale, you must submit the transaction to your local Mairie. If you wish, the local council can exercise its right of pre-emption over your property. This means that it will purchase the property in place of your buyer at a price lower than or equal to that shown on the preliminary sales agreement.

How does the pre-emption procedure work?

• Declaration of intent to sell

When a seller’s property is located within a geographical area subject to pre-emption rights, the owner must inform the holder of the pre-emption right of his or her intention to sell or dispose of the property.

This information is provided (often by the notary) by means of a declaration of intent to sell.

• The pre-emption decision

Following notification of the declaration of intent to sell, the administrative authority has two months in which to take a pre-emption decision, if it so wishes.

This decision must meet certain conditions. In particular, it must indicate the price at which the authority intends to pre-empt, and give precise reasons for its decision.

Our pre-emption lawyers will analyse the pre-emption decision in detail. As a result, they will be in a better position to assess whether it is appropriate to refer the matter to the administrative judge on the merits, or in summary proceedings if the matter is urgent. The aim is to challenge the decision and have it deemed an illegal pre-emption.

• Compensation for pre-emption rights

With regard to the price mentioned in the pre-emption decision, there are several possible scenarios:

• • The price offered is the same: the sale is complete, and the seller cannot withdraw from the sale. However, you can challenge this decision before the administrative court;
  • The price offered is lower than the price set by the seller:
    • The seller can accept it, in which case the sale is complete;
    • The seller may refuse. In this case, the administration can either abandon the acquisition of the property or refer the matter to the Expropriation Judge to ask him to set the price.

Before handing down his decision, the judge will visit the property. At this point, the parties will submit all their observations and their assessment of the compensation in writing. In this respect, they will have to provide supporting documents to justify their position.

The firm will assist you throughout the pre-emption pricing procedure. Our pre-emption lawyers will ensure that you receive the best possible compensation, whether this is settled out of court or before the expropriation judge.

Calling on the services of a lawyer during a pre-emption procedure will ensure that you receive the best possible compensation and, in some cases, that the decision is overturned.