Consumer and banking · Mortgage credit · an APR error
Challenging an incorrect French mortgage APR
An incorrect French mortgage APR must be checked against the offer, cash flows and costs required to obtain the credit or advertised terms. Not every purchase expense automatically belongs in the rate. Remedies depend on the loan’s applicable regime: current provisions allow a court-determined proportionate loss of interest, considering borrower prejudice. An alleged error therefore does not automatically cancel all interest.
- Complete offer and cash flows
- Establish required fees
- Proportionate remedy
- Official texts cited
- Sources checked on
- Drafted with AI assistance, our method
General legal information with official references and dated checks. It is not personalised advice: for a decision that commits you, have your situation checked by a qualified professional.
Julie by AlphaDeep
Does every notarial cost belong in APR?
No. Examine its nature and exclusions; R314-4 distinguishes property-transfer costs.
Read the referencesLet’s connect the disputed cost with offer conditions before considering remedies.
3 free questions at signup. Avoid names and sensitive information.
Which costs should be examined?
L314-1 concerns borrower-paid costs known or determinable at offer or amendment date that condition the credit or advertised terms. Distinguish required fees from genuinely optional services; an invoice alone is insufficient.
What link must be established for each cost?
| Point | Evidence |
|---|---|
| Requirement | Offer, condition or lender correspondence |
| Amount and date | Invoice and schedule |
| Requested remedy | Applicable regime and prejudice |
Code de la consommation, article L314-1Code de la consommation, article L341-48-1Code de la consommation, article R314-4
Are insurance, brokerage and security always included?
R314-4 includes them when required for the credit or advertised terms. It also distinguishes certain account and valuation costs. The cited version applies through 19 November 2026: recheck the text for later files.
Which data is needed for recalculation?
Gather amounts and dates of drawdowns, repayments, charges, insurance and amendments. Adding fees is not an APR calculation: cash-flow timing matters. The worksheet isolates a disputed cost for full verification.
Code de la consommation, article L314-1Code de la consommation, article L314-5
What does the governing text say about an apr error?
le prêteur peut être déchu du droit aux intérêts dans la proportion fixée par le juge, au regard notamment du préjudice pour l'emprunteur.
In plain English: Cost inclusion has specific conditions; the cited loss-of-interest remedy is proportionate and judicial.
How can a potentially omitted cost be documented?
The example isolates €2,400 of insurance without claiming to recalculate the rate.
Fictional example · Your preparation worksheet
Connect the cost, its mandatory nature, knowledge at offer date and the presented calculation. An isolated amount cannot determine corrected APR.
- Cost to analyse
- Insurance described as compulsory: €2400
- Retain offer, amendments, repayment schedule and the stated-rate calculation.
- Document known or determinable costs and why they were required.
- Have the complete calculation and law applicable to the loan date checked.
- Request a reasoned response without unilaterally stopping or reducing instalments.
This record does not calculate APR or order loss of interest. Calculation needs complete cash flows and dates.
Does an error remove all interest?
No. L341-48-1 provides for loss of interest in a proportion set by the court, considering prejudice. L341-34 also needs examination according to the alleged mortgage-offer defect. Older loans require their own temporal analysis.
Code de la consommation, article L341-48-1Code de la consommation, article L341-34
Should repayments continue during the dispute?
Do not convert your own calculation into unilateral instalment reductions. Even after judicial loss of interest, capital and surviving interest remain due; the provision governs crediting or repayment of affected interest. Have claims and amounts examined.
What else should you know about an apr error?
Does every notarial cost belong in APR?
No. Examine its nature and exclusions; R314-4 distinguishes property-transfer costs.
Can one isolated cost determine corrected APR?
No. All relevant cash-flow amounts and dates are needed.
Do pre-July-2019 loans automatically follow these remedies?
No. Check temporal applicability.
Does Julie decide loss of interest?
No. She helps organise evidence; the cited remedy is determined by the court.
Which sources explain an apr error?
- Code de la consommation, article L341-48-1Légifrance / DILA
- Code de la consommation, article L341-34Légifrance / DILA
- Code de la consommation, article L314-1Légifrance / DILA
- Code de la consommation, article L314-5Légifrance / DILA
- Code de la consommation, article R314-4Légifrance / DILA
- Mortgage offer and total-cost explanationsService Public / DILA
Texts cited last checked: 19 October 2026