Our practical sheets

Our practical sheets

The distribution of charges at the time of the sale of a lot

Co-property information

The law provides for the distribution of condominium charges between the seller and the buyer, at the time of the sale of a lot:

  • - the seller must pay the provisional budget,
  • - the payment of the provisions of the expenses not included in the provisional budget is the responsibility of the seller or the purchaser, who is a co-owner at the time of the due date.

The law also provides that the overpayment or underpayment of provisions, revealed by the approval of the accounts, is credited or debited to the account of the co-owner at the time of approval of the accounts. Thus, an overpayment will be reimbursed to the buyer, who has become a co-owner, even though the charges were paid by the seller.

Note: the regulations allow the parties to the sale to enter into an agreement contrary to these provisions.
This agreement must be the subject of a specific clause in the compromis and in the act of sale.

For example, the parties may stipulate that all work voted on at the date of the preliminary sales agreement is to be paid for by the seller, or that the provision due for the quarter during which the sale is to be completed is to be shared proportionally between the seller and the buyer.

Note: such a clause is only effective between the seller and the buyer: the syndic will claim the provisions and reimburse any overpayment to the person, seller or buyer, who is a co-owner. The parties to the sale may not impose any other rule.