Real estate purchase: I have signed a sales agreement, can I enter the premises of the coveted property without authorization? - MySweetimmo

Real estate purchase: I have signed a sales agreement, can I enter the premises of the coveted property without authorization? - MySweetimmo

By Emmanuelle Jaulneau, SVP, February 27, 2021

MySweet'immo answers your questions with the lawyers of the SVP Group, information and decision support service.

MySweet'immo answers your questions with the lawyers of the SVP Group, information and decision support service.

The question: Does a potential buyer of real estate have the right to enter the premises without being accompanied and without authorization from the real estate agency or the owner?

The response of Emmanuelle Jaulneau, SVP Expert

Beware of home invasion

It should be noted that the penal code punishes the violation of home with one year of imprisonment and a fine of € 15,000.Another useful clarification: It is a violation of home the introduction or maintenance in the home of others with help maneuvers, threats, assault or restraint, except in cases where the law allows it.

Definition of domicile

Case law considers that the domicile is not only the place where a person has his main establishment, but also the place where, whether he lives there or not, he has the right to call himself at home, whatever the title.legal terms of its occupation and the use given to the premises.This definition also includes outbuildings, which are located near the house and constitute its extension.These include cellars, attics and storage rooms.completely free, that the premises are not closed, it will be difficult to characterize a home invasion.

Home invasion is a crime

In the event of a home invasion, it is possible to lodge a complaint against the person.The home invasion is an offense judged by the criminal courts.

Posted Date: 2021-02-28

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