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Hidden defect, guarantees

Hidden defect, guarantees



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When you buy an apartment or a house, you can immediately notice if the roof tiles are broken or if there are traces of humidity on all the walls. These are apparent flaws, which necessarily put you on the ear. You then have the leisure not to buy or to request a reduction in the price. However, there are other defects that are more difficult to detect: hidden defects.

IDEA

A real estate professional, like the real estate agent or notary if he has negotiated the sale, owes the buyer a duty of advice, and as a building specialist, he is able to recognize and detect housing defects. Otherwise, he could be held liable. This is a significant advantage of going through a professional to buy your home.
A real estate professional, like the real estate agent or notary if he has negotiated the sale, owes the buyer a duty of advice, and as a building specialist, he is able to recognize and detect housing defects. Otherwise, he could be held liable. This is a significant advantage of going through a professional to buy your home. A defect is said to be a defect that meets three criteria: to make the product unfit for normal use, to be hidden and to exist before the sale. It may be a major crack in a facade covered with virgin vine and jeopardizing the solidity of the construction, an unusable heating installation, damaged frames, or even the non-connection of the house to the whole- sanitation. These defects, if they had been known to the buyer, could have caused him to renounce the purchase.

GOOD TO KNOW

If the seller is a professional, merchant of goods or promoter, the clause relieving him of his responsibility for hidden defects is prohibited.
The civil code is very precise on the subject: it stipulates that the seller "is bound by the guarantee because of hidden defects of the thing sold which make it unfit for the use for which it is intended, or which reduce this use so much that the purchaser would not have acquired it, or would have given a lesser price for it, if he had known them "(art. 1641). Reading this article, you say to yourself: "No problem, if there is something wrong with the accommodation, I will turn against the seller." Not that easy ! For there is this article 1643 of the same code, indicating "the seller is liable for hidden defects, even though he would not have known them, unless, in this case, he has stipulated that he will not be obliged to no warranty. " And There you go. It is on this article that most notaries rely to exonerate sellers from hidden defects. By adopting the following formula: "This sale is made under the following conditions, which the purchaser undertakes to perform and fulfill: - to take the property sold in its current state, without guarantee of the condition of the soil or the basement, excavations or excavations, semi-detached, (…) lack of maintenance or alignment or other hidden defects or defects. " So, unless you prove the seller's bad faith, it is difficult for the buyer to enforce his rights. Some court judgments have, however, ruled in favor of some aggrieved buyers, but be aware that the procedure is long and that you will have to wait many years to obtain compensation, if however you succeed.

IDEA

Since the establishment of diagnoses such as lead accessibility or the presence of termites, no exemption from hidden defects can be accepted if there is still the presence of termites or lead accessibility in certain homes.


This article is taken from Search apartment or house, By Stéphane Plaza with the editorial collaboration of Yves Charcot Edition Hachette Pratique and M6 Editions 191 pages, 15 euros> On www.amazon.fr