The L.312-12 articles in L.312-14 of the code of consumption fix the conditions of preliminary validity offer of credit signed by empruntor.
The trust deed is shown the double condition from the conclusion from the real contract for which the loan is applied for within a four months and l´obtention of the other loans if empruntor resorts to several loans to finance his real estate.
1st condition: the real contract signature for which the loan is applied for within 4 month
Indeed, the loan on real property being affected with the financing of real operation projected by empruntor, obtention of the loan is subordinated to the real contract signature. This interdependence of the two contracts obliges empruntor to carry out real operation within 4 month as from preliminary acceptation of offer. What has an unquestionable advantage for empruntor: it enables him to be released from the trust deed if the real contract is not concluded within the above mentioned time. The parts can be appropriate by contract that the time will be longer.
If the sale contract of the real estate is not concluded with l expiration from the legal or contractual time, l´offre of loan on real property is null and void and empruntor is held to refund the sums that the lender would have poured to him as well as the interests y related and the expenses studies whose amount is fixed according to a given scale.
On the other hand, if the sale contract is cancelled or solved after the deadline of 4 months or on event the conclusion prevents some during this time (for example, the refusal d´un allowed to build), empruntor cannot release himself from the trust deed and must refund according to echeance of loan or by repayment before due date if the contract allows it.
2nd condition: obtention of the other loans if empruntor resorts to several loans for financier his real estate.
On this assumption, all the loans are interdependent and each granted credit is that if the others are it. Therefore, the refusal of octroy of part a for to cancel effect others. That is subordinated to two conditions:
- the amount of the refused credit must be higher than 10% of the total credit
- the refusal expressed by one of the lenders must be opposed in the 4 months deadline as from acceptation by empruntor and the guarantees of the first of the offers of loan.
This condition precedent can play only if empruntor informs each praetor of the presence of several loans.
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