What is a pre-dated statement in co-ownership?
The pre-dated statement is a document that gathers the financial information relating to a co-ownership lot (current charges, works fund, ongoing proceedings) in order to inform the buyer before signing the sale agreement. It differs from the "dated statement", a formal document drawn up by the managing agent for the notary before the authenticated deed.
What the pre-dated statement is for
When selling a lot in a co-ownership, the buyer must be informed of the financial and legal situation of the co-ownership. The pre-dated statement gathers this information beforehand, so that the buyer commits with full knowledge of the facts from the sale agreement onwards.
It concerns in particular the current charges of the lot, the provisions and calls for funds, the works fund (known as the ALUR fund), any ongoing proceedings and any sums that may remain due.
The co-ownership documents annexed to the sale agreement
Article L.721-2 of the French Construction and Housing Code (CCH) requires that a set of co-ownership documents be annexed to the promise or the sale agreement: the co-ownership rules and the descriptive statement of division, the minutes of the general meetings of recent years, the building's maintenance log, as well as financial information on the co-ownership and on the lot sold.
These documents allow the buyer to gauge the charges, the works voted or to be planned, and the financial health of the co-ownership.
Pre-dated statement and dated statement: do not confuse them
The pre-dated statement is an information document, drawn up ahead of the sale agreement. The "dated statement" proper is a formal document drawn up by the managing agent at the notary's request, shortly before the signing of the authenticated deed, to precisely settle the accounts between the seller and the co-ownership as of the day of the sale.
Frequently asked questions
Is the pre-dated statement mandatory?
Informing the buyer about the co-ownership is mandatory: Article L.721-2 of the CCH requires the co-ownership documents to be annexed to the sale agreement. The pre-dated statement is the practical tool that gathers this financial information beforehand.
What is the difference with the dated statement?
The pre-dated statement informs the buyer before the sale agreement. The dated statement is drawn up by the managing agent for the notary just before the authenticated deed, in order to settle the seller's accounts with the co-ownership.
Who draws up these documents?
The information comes from the co-ownership's managing agent, who keeps the building's accounts and documents. The seller gathers them to pass on to the buyer and the notary.
Read next
- Article L.721-2 du Code de la construction et de l'habitation (Legifrance)
- Loi n° 65-557 du 10 juillet 1965 (copropriété)
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