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Frequently asked questions

Frequently asked questions

I am selling a property that is occupied by a tenant who is going to stay in the premises. Should I offer to buy the property first?

The tenant's rights

In principle, no. You have chosen to sell the property "occupied", you do not give the tenant a notice of termination. When the lease is not called into question, the tenant does not have a right of priority during the sale. It is necessary to inform him in order to carry out the diagnostics of the building and to make visit the good. Once the deed of sale is signed at the notary's office, the new owner will communicate his identity and contact information to him.

By exception, the tenant benefits from a right of pre-emption in 4 cases:

  • - I am the owner of the entire building, I am selling it in its entirety to a single buyer, and the building has more than 5 units.
  • - I own a property that has two or more units, and I divide the building to sell the units to different buyers.
  • - I own a condominium lot, which I divide into several units, and I sell these units to different buyers.
  • - I am the owner of a commercial or artisanal space rented to a tenant.

Attention: it is useful to be assisted by a professional to carry out the pre-emption procedures that the law has created for the benefit of tenants.