Article L145-46-1 of the French Commercial Code concerns the tenant’s right of pre-emption in the event of the sale of the commercial or craft premises he occupies.
Key points :
1. Notification of the offer to sell to the tenant
– Landlords planning to sell commercial or craft premises must notify the tenant by registered letter with acknowledgement of receipt, or by hand delivery against receipt.
– This notification must indicate the price and conditions of sale, failing which it will be null and void.
– This notification constitutes an offer to sell to the tenant.
2. Tenant’s response period
– The tenant has one month from receipt of the offer to make a decision.
– If he accepts, he has two months to complete the sale.
– If the tenant informs us of his intention to take out a loan, the sale is subject to obtaining the loan, and the deadline is extended to four months.
3. Consequences in the event of more advantageous conditions for a third party
– If the owner decides to sell at a price or under conditions more advantageous to a third party, the notary must notify the tenant of these new conditions.
– The tenant then has one month to accept the new offer.
4. Exceptions to the right of pre-emption
– The article does not apply in certain specific situations, such as a single sale of several premises in a commercial complex, a sale to a co-owner, or a sale to a relative of the lessor (spouse, ascendant, descendant).
Importance of the article
This article strengthens the protection of commercial tenants by offering them the possibility of acquiring the premises they occupy on the same terms as those offered to a potential third-party buyer, thereby guaranteeing commercial and economic stability.
Feel free to ask us any questions you may have, free of charge, using the contact form at the bottom of the page.
(0.00 out of 5)