No. 1849 TO FRIDAY Friday, June 19, 2009
ESTATE. Traps Robien
The complaint filed by the UFC against the leader of the investment tax rental shows the imperatives that are worth the investment, today, for the Scellier ► p.29
CONTENTIEUX.Plainte the UFC-Que Choisir for deceit against the group Akerys, leader of the rental investment
JUSTICE INCREASINGLY CALLED TO PUNISH THE DERIVATIVES ROBIEN
Announcing, June 3, she filed a complaint for fraud against the real estate group Akerys, UFC-Que Choisir throws a stone into the pond to let investment. "The testimony shows that the rationale provided by the company's business this tax benefit as a certainty, says the association. Private rental, thousands of investors are now unable to repay the loans they agree to finance their project and find themselves in difficult financial situations. "Many complaints
.
The company challenged the association, which pursues libel, declares himself "particularly surprised by the complaint" and said that a total of 30,000 homes delivered in the past five years, only about fifty have been a redevelopment tax due to lack of tenants and that, in this case, "he sometimes simply to make the resolutions of Sale", less than ten have been made during 2008-2009, about 5,531 homes it sold in the same period. The
"numerous complaints" referred to the UFC-Que-choose from "consumer victims of abuse by developers during the marketing of certain real estate programs covered by tax-free devices or Demessine Robien, are far to all concerned the only developer city. "The system has been perverted by some developers who built in geographical areas where the apartments can not find tenants because of an oversupply" explains the association.
By attacking attacking the French leader in the rental investment, the association said he wanted to make an example and send a message of caution to the attention of all who are now asked to invest in a new home.
Another major operator in the sector, OMNIUM FINANCE, would also be a criminal. Part of tussle between investors, the famous "Robien of Wrath" - and those they accuse of having deceived does probably just beginning.
sign of time, an association, Adim Association (dd defense attorneys and victims investors unscrupulous operators product tax exemption), owners angry calls for a demonstration in Toulouse on June 19th!
Above all, the complaint files crammed into a number of law firms. Many investors, who brought the case before the courts, have already obtained, as appropriate cancellation of the sale or payment of compensation.
course, this is not to condemn the rental investment as such. These setbacks affect only a minority of 350.000investisseurs Robien in the last five years. The federation National sponsors manufacturers evaluates overall vacancy six months after delivery at less than 2% of homes delivered (ie 4500-5000 units). Remains that they are not equally distributed geographically. An Agency investigation departmental information on property in the Tarn-et-Garonne performed at the end of 2007 estimated at 10% while their share in the department.
Currently, only a minority of operators is at stake. They all have in common is that they specialize in the marketing of "tax programs", sold the vast majority as financial products - "Tax Savings Plan" is the term commonly used
- the developer and its subsidiaries being responsible for finding tenants for the leasing and rental management, all with a guarantee of rental income that can present it as an investment without risk. Restrict
distance purchases.
The apartments, in most cases, are sold to investors geographically distant locations of programs. Having never seen the home purchased other than on paper, they are entirely dependent on the rental market information provided by the seller. In a number of cases they have proved incorrect or false. And for investors, the dream of enrichment has been replaced by the nightmare of debt.
For those who are about to succumb to the lure of tax benefits of the new regime Scellier, the episode was obviously a warning. Nothing protects against abuses, they forget that the rental investment is primarily a real estate investment, that the only guarantee in this regard is the quality of its location, in-sustainable-existence of a rental demand, and the only way to ensure this is to check on the place. Better safe than sorry. Patrick
Augier
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