The CCMI - contract for the construction of individual houses - must be the subject of a written contract. Without a written contract it is not possible to break a CCMI and you will see why by reading the text below. Here are the two solutions to break or cancel a CCMI...
1- The withdrawal period, a right
There is a legal withdrawal period in accordance with Article L. 271-1 of the Construction and Housing Code. You have a 10 days delay from the day following the first presentation of the registered letter A / R notifying the CCMI act.
If the withdrawal period has passed then you have the suspensive clauses...
2- Play the suspensive clauses of the CCMI
The CCMI must include at least 5 suspensive clauses. Clearly, if these conditions are not realized, the contract can be canceled in accordance with article L231-4 of the Construction Code.
The purpose of the suspensive clauses is precisely to be able to terminate the contract and be reimbursed for the sums paid.
Here are the five suspensive clauses to know:
1- The land must be acquired. A promise of sale that does not end on sale cancels the CCMI.
2- The building permit and administrative permissions must be granted, otherwise the contract is broken.
3- If your mortgage for the financing of the works is refused, the CCMI is canceled.
4- It is the same for the damage-work guarantee which is essential for the opening of the works
5- If the manufacturer does not get the delivery guarantee which covers the costs in case of malfunction or non-delivery of the goods as described in the contract, the CCMI is canceled.
All these suspensive clauses must be limited in time, and the deadline is written into the contract. If all these clauses are not realized you can cancel the CCMI and recover the sums already paid. If a security deposit has been paid (which must not exceed 3%), this fund may also be returned without penalty if one of the conditions precedent has not been fulfilled.
As in any act of sale or purchase, it is very important to read all clauses, including suspensive clauses or unfair terms. You can even negotiate or reformulate them if they do not seem clear to you. You can do yourself to assist a notary or a Lawyer if you have a doubt.
Before signing this contract, you can read an article about " the 10 points to check before signing a CCMI Which will prevent you from breaking or canceling the CCMI