The transfer of ownership takes place only at the signature of the authentic deed. The buyer's date of entry into service shall be chosen by the parties. The buyer can take possession of the property in advance.

However, early possession, i.e. before the buyer becomes an owner, is risky in practice for both the purchaser and the seller. It is for the seller if the purchaser takes possession of the premises and refuses to sign the authentic deed, or if claims occur during this period.

It is also for the buyer who wishes to enter the premises to carry out works. It could lose the benefit of this work if the sale does not happen. He may also pay an occupancy allowance to the vendor if the contract so provides.

In view of the uncomfortable situation, it is advisable to frame this entry in anticipation in writing.

The parties may establish a loan for use or an agreement of anticipated occupation. It is an act under private seal distinct from the sale.

Various clauses should be considered in this type of convention.

• Determine the use of the property. (Example: the purchaser takes possession of the premises in order to carry out certain works).
• Set the term of the loan
• Framework for the return of the property
• Provide for the automatic termination of the loan for use
• Insert a penalty clause (payment of compensation if the occupant does not release the premises at the agreed term)
• Indicate the distribution of the maintenance, tax and insurance expenses of the property occupied by the future purchaser.

Tax consequences of early entry into the market are to be noted.

By: Shailaja K