Housing and property · Property sales · a viager
French viager sales: lump sum, annuity and clauses
A French viager sale provides for an annuity over the lifetime specified in the contract, possibly with an initial lump sum. That lump sum is optional and has no uniform statutory percentage. The deed should address occupation, indexation, costs and protection against non-payment. The worksheet illustrates agreed payments over a chosen period; it supplies neither an actuarial valuation nor a lifespan prediction.
- 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.
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Can the final overall amount be known?
The lifetime duration remains uncertain. A twelve-month illustration is not a final-cost estimate.
Read the referencesI can examine viager clauses and distinguish payment, retained rights and security.
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Is an initial lump sum compulsory?
No. A sale can provide for an annuity alone or with an initial lump sum. The parties agree amounts in the deed; no single percentage can be presented as legally mandatory.
What do agreed payments represent over twelve months?
A €45,000 lump sum and €650 monthly annuity total €52,800 over twelve months, before costs and revisions.
Fictional example · Your preparation worksheet
This worksheet totals agreed payments over an illustrative duration. It calculates neither actuarial value, lifespan nor a fair viager price.
- Annuities over the illustrative duration
- €7800.00
- Lump sum plus those annuities
- €52800.00, excluding costs and revisions
- Check retained rights, costs, security and consequences of vacating.
- Read the index, frequency and revision conditions without assuming automatic indexation.
- For unpaid annuities, have termination terms and formalities examined before seeking recovery.
Cash-flow illustration only: a lifetime annuity is not a fixed-term loan instalment.
Which occupation right does the seller retain?
Distinguish vacant possession, personal use and habitation, and usufruct. These rights differ, including the ability to let. Also read cost allocation and any deed provisions governing early vacation.
How should annuity indexation be checked?
Record the chosen index, reference value, revision date and frequency. Do not invent an annual rate or automatic increase without an applicable clause. The worksheet holds the entered annuity constant to keep the illustration clear.
Code civil, article 1976Vente en viager, fiche du 18 août 2025
Which clauses should be examined before signing?
| Clause | Useful question |
|---|---|
| Lump sum and annuity | Agreed amounts and due dates? |
| Occupation | Usufruct or personal use? |
| Indexation and security | Index, revision and non-payment? |
Code civil, article 1968Code civil, article 1976Vente en viager, fiche du 18 août 2025
What does the governing text say about a viager?
La rente viagère peut être constituée à titre onéreux
In plain English: The parties agree the annuity; lifetime duration, retained rights and security remain separate from simple cash-flow arithmetic.
Does death within twenty days always invalidate the viager?
No. Article 1975 concerns a disease existing when the contract was made from which the person dies within twenty days. It does not cover every cause of death. Uncertainty and the contractual circumstances need separate analysis.
Can the property be recovered immediately after non-payment?
Non-payment alone does not permit recovery of the property. Examine security, termination clauses and implementation formalities, including formal notice where required. The payer cannot simply escape the annuity by offering to repay capital.
Code civil, article 1978Code civil, article 1979Code civil, article 1225
What else should you know about a viager?
Can the final overall amount be known?
The lifetime duration remains uncertain. A twelve-month illustration is not a final-cost estimate.
Does an occupied viager always permit letting?
No. Check whether the seller retains usufruct or only personal use and habitation.
Must the lump sum be 30%?
No. The rules presented set no uniform percentage.
Does a termination clause operate without formalities?
Read its wording and the law applicable to the contract date; article 1225 imposes implementation conditions.
Which sources explain a viager?
- Code civil, article 1968Légifrance / DILA
- Code civil, article 1974Légifrance / DILA
- Code civil, article 1975Légifrance / DILA
- Code civil, article 1976Légifrance / DILA
- Code civil, article 1978Légifrance / DILA
- Code civil, article 1979Légifrance / DILA
- Vente en viager, fiche du 18 août 2025DILA / Service Public
- Code civil, article 1225Légifrance / DILA
Texts cited last checked: 19 October 2026