The Cabinet AMS blog. Insights, news & guidance

VEFA statutory regulation

By Séphora Amsellem on May 23, 2019

Most of the French leaseback schemes start with a two stages process contract: a contrat de réservation (preliminary contract) is signed before entering into the final vente en l’état futur d’achèvement (VEFA) contract.

LMP Status: Mandatory Registration with the French Trade and Companies Register Held Unconstitutional

By Séphora Amsellem on February 8, 2019

The French Constitutional Court ruled that the requirement for a Loueur en Meublé Professionnel (LMP) to be registered with the French Trade and Companies Register was unconstitutional.

Competition Is Not Enough: No Rent Revision Without Material Change in Market Conditions

By Séphora Amsellem on October 25, 2018

In view of the fact that rents in tourist residences are often overestimated, operators frequently seek a judicial revision of the rent to align it with the actual rental value before the expiry of the lease. Such claims may only succeed where there is evidence of a material change in local market conditions.

Tourist Residences: TV Licence Fee Must Be Borne by the Operator

By Séphora Amsellem on June 6, 2018

The French Council of State, the highest administrative court in France, ruled that the television licence fee applicable to tourist residences must be borne by the operator managing the residence.

The liability of the real estate agency

By Séphora Amsellem on February 8, 2018

In this case, the Supreme Court ruled that the real estate agency specialised in real estate investments breached its obligation to provide the relevant information and advices to the purchasers of a property brought through a VEFA contract (vente en l’état futur d’achèvement) and operated in a tourist residence.