Sara Jay Menstruation

fees for not obtaining a loan

In provisions of Article L. 312-16 of the Consumer Code (Article 17 of Law No. 79-596 of 13 July 1979), when a sales agreement stipulates that the beneficiary of the promise has used one or more loans, that promise is made under the condition precedent of obtaining the loan or loans.

Thus, when the bank denies the individual the loan, the promise of sale is retroactive.

Similarly, when the promise indicates the specifics of the loan, the recipient is entitled to rely on non-fulfillment of conditions precedent, if the bank offered him a loan on terms different from those mentioned in the contract.

When the condition precedent of the loan is not made, all money paid in advance by the beneficiary himself shall be immediately and fully refunded without penalty or compensation in any capacity whatsoever.

These amounts are subject to interest at the legal rate plus half of the fifteenth day following the request for reimbursement made by the recipient. Moreover, under Article L. 312-35 paragraph 1, the promise does not render those amounts may be sentenced to pay a fine. The beneficiary
has sent its request, or to promise, if he is the possession of those sums, or third receiver, if one has been appointed to collect and keep the money after informing the promise of not obtaining requested loan.


(name of recipient)
(address)

(name of the promisor)
(address)

On ...




letter with acknowledgment of receipt.

Subject: resolution of a sale agreement for non-fulfillment of the suspensive condition.





M. ..


Under the terms of the unilateral promise to sell all that we have reached the ... and on the property ... (Description) located at ... (Address) that you own, I made a request to the lending institution ... (Name, address) for purposes of obtaining a loan amount of ... Euro meets the characteristics specified in that deed to the financing of the acquisition of the property.

Unfortunately, in a letter dated ..., this establishment has refused my request (copy of denial letter attached).

Accordingly, the unilateral promise sales that we made must be considered resolved retroactively and in accordance with the provisions of Article L. 312-16 of the Code of consumption, I ask you and the full restitution of money paid on this occasion, namely ... euros.

Pending this redemption, I beg you to accept, Mr. .., sincerely.