Business Contracts

Article 1593 of the Civil Code stipulates that the costs for deeds and other ancillary costs of sale are to be paid by the buye. Since these costs are legally established, their amount can be determined .
In the case of sales of movable property, insofar as there is no stipulation derogating from Article 1593 of the Civil Code requiring the buyer to pay the costs of deeds and other incidental expe …

Costs

Article 1593 of the Civil Code stipulates that the costs for deeds and other ancillary costs of sale are to be paid by the buye. Since these costs are legally established, their amount can be determined .

In the case of sales of movable property, insofar as there is no stipulation derogating from Article 1593 of the Civil Code requiring the buyer to pay the costs of deeds and other incidental expenses of the sale, a seller is not obliged to pay customs taxes and costs and to proceed with the registration of a ship under a French flag . Furthermore, in the event of non-implementation of the sale, the seller retains the down-payment paid as damages, and the buyer is not liable for any deed costs or other costs associated with the sale .

When the sale involves a building, the fact that the seller is responsible for providing the technical survey of the building sold prior to the sale, which is required solely to enable the buyer to give his consent in full knowledge of the facts, does not imply that Article 1593 of the Civil Code is waived, unless specifically provided for in the deed . While the sale costs are payable by the buyer and are not included in the price, the same does not apply to value-added tax, which is payable by the seller . In effect, the seller is responsible for paying the VAT, unless the parties expressly agree otherwise . Thus, purchasers of apartments are not required to pay the VAT relating to the sale, where the disputed clause in the specifications is unclear and ambiguous, failing to specify that the property sold was subject to VAT, and that this tax is normally payable by the seller . In the absence of proof of an agreement between the parties to a contract as to the definitive burden of the VAT, it must be borne by the party who was liable for it under tax law .

Lastly, the cost of measuring the property does not constitute an accessory cost to the sale within the meaning of article 1593 of the Civil Code, so that the buyer is entitled to claim reimbursement of these costs, which are payable by the seller .

CA Versailles, 22 September 2009, LawLex202300008997JBJ.

Cass. 3e civ, 12 June 1996, LawLex202300008999JBJ.

CA Bastia, 13 November 2013, LawLex202300009016JBJ.

Cass. com, 15 November 1994, LawLex202300009018JBJ.

Cass. com. 2 June 1992, LawLex202300003259JBJ.

Cass. com. 28 April 1987, LawLex202300003257JBJ; 15 March 1988, LawLex202300003432JBJ.

CA Paris, 23 May 2002, LawLex202300009019JBJ.

Business Contracts

158. Costs

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

158. Costs

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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