he race for building land is a sport that requires endurance. Promoters, by their profession, are generally well trained. The sellers tend to play in the amateur category, often discovering through notarial deeds and other contractual documents all the subtleties of land transactions.
The Biarrot Franck Perrin thought he was one of the “enlightened” amateurs: he has always observed the construction and real estate market in the city where he was born, there are …
he race for building land is a sport that requires endurance. Promoters, by their profession, are generally well trained. The sellers tend to play in the amateur category, often discovering through notarial deeds and other contractual documents all the subtleties of land transactions.
The Biarrot Franck Perrin thought he was one of the “enlightened” amateurs: he has always observed the construction and real estate market in the city which saw him born, 70 years ago. He saw prices soar, available land become scarce, appeals against building permits multiply.
When it was necessary to settle the inheritance of his deceased parents in 2018, it was not a promise to sell, but a promise to purchase which was signed for the acquisition of 1,738 m² of land on the family farm , rue Constantine. “And in this act, it is specified that there are no suspensive conditions. Therefore, even if the building permit is not granted or contested through appeals, the developer undertakes to conclude the sale.” Except, in his case, it didn’t work out as planned.
In the wings
“Those who are prey to imbroglios, puzzles and other problematic transactions often do not dare to reveal the underside of the negotiations, I decided to come out of the woodwork, to show behind the scenes,” says the man whose notoriety in Biarritz is also linked to his candidacies in various local elections under the National Rally label.
The famous promise to purchase was signed in August 2021 with Sagec for an amount of 2.5 million, without monetary provision. A first pitfall immediately arises: one of the four siblings wanted to entrust the business to another promoter. She immediately took the matter to court for summary proceedings. This legal hazard explains why the promoter is putting the matter on hold.
The three other sellers, subject to the slow pace of court decisions, are patient. Dismissed at first instance in February 2022, the angry sister appealed and in October 2022, the Pau court went in the same direction, authorizing the signing of the authentic deed by the three other heirs.
“There was no appeal and the four of us are now in sync. We waited almost fifteen months to come out of this legal aspect. We therefore thought we could complete the transaction in 2023,” says Franck Perrin. “But this was not the case because Sagec is not honoring its promise of August 2021 and is playing for time.”
As proof, he wants the deficiency report, drawn up by his notary after a summons for signature at which the promoter did not appear, on October 10, 2023. “Subsequently, the formal notices with new Penalties were still sent to them at the end of December 2023, but that does not make them move. »
Earthen pot versus iron pot
As for Sagec, manager David Freslon denies being obliged to buy. “This is of course our wish, but Mr. Perrin is getting annoyed. For us, there is no litigation, just a discussion in a private transaction.” The seller does not see it that way: “He explains to us that the acquisition could take place when the appeals on the building permit have been definitively purged. Which goes against the absence of suspensive conditions. Moreover, there have been attempts to offer us a no-cost deposit in exchange for signing a promise of sale. This is very clever because it would remove the obligation to honor the promise to purchase. And of course, that would keep us tied hand and foot for even longer.”
Franck Perrin’s lawyer confirms: “In this case, the promoter played on the division between the members of the siblings.” “By putting this in the public arena, the seller exposes himself to pre-emption by public authorities,” adds David Freslon.
The threat is brushed aside by Franck Perrin: “This part has already been settled with the approval of the building permit”. Filed in 2021, then modified, this permit was granted in 2022. It provides for 50% social housing, or 10 apartments out of 20. Like many collective housing projects, it is contested by local residents: three appeals are still pending.
“The prospect of seeing them purged is very remote. After more than a year in the administrative court, we are barely at the appeal stage. Then, there will be a cassation and perhaps a return to the court of appeal. It’s still years of waiting for the sale.” As for the solution of finding another buyer or choosing legal action against the developer, the family rejects it “even if we seem to be sitting on a pile of gold, we all have modest financial situations and given our ages , we can’t wait any longer,” concludes the man who has just celebrated his 70th birthday.