Protective, the preessuation of loan allows the buyer of a property to give up without penalty for the acquisition if he does not obtain his credit. It can only happen in some cases, explains Thomas Prud’homoz, associated notary for KL Consulting.
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To put all the odds on your side when you want to buy a house, or negotiate a better price, you can be tempted to make the seller a purchase offer without condition suspensive loan – clause allowing the buyer candidate to renounce Upon purchase after signing the promise or sales compromise if he does not obtain the desired loan, without penalty.
Indeed, with equivalent file, the seller will often prefer an offer without this condition, because the sale of his property will not depend on your ability to obtain credit.
before a judge
This is a legal condition, you cannot be forced to give it up. If you do, this renunciation will only be valid if it is the subject of an express handwritten mention on your part, or that it is noted in a notarial act.
and renounce this precedent loan condition assumes that you have the means to do so, so that you can buy the property without credit (and this, even if you still use credit to finance your project, by opportunity heritage).
If you cannot buy the property without loan, your waiver will not be valid. And you could, in the event of refusal of credit, come back to your renunciation, before a judge. But he could only prove you right if you managed to prove that the seller had been informed of your intention to borrow.