It does not matter how many articles mislabel it the “Small Claims Court” - no such entity exists.
In fact the article linked even goes so far as to point that out:
I just want things to work correctly and not to have a business provide an inaccurate report because he couldn’t be bothered to do it correctly in the first place. After providing photos to the diagnostic chap, he hasn’t responded! Not even to say he was sorry and will rectify his shoddy work!
As his report includes lots of paperwork proving he has the insurances to provide a diagnostic report, surely there ought to be a system to report his complete lack of interest in providing an accurate report?
It feels wrong that in France we have no system in place to warn others of ineptitude!
We really shouldn’t have to pay for a faulty report. Would have been happy if he’d been back in touch to offer to come back around and prepare the report properly, but this hasn’t been offered!
Have a look at this perhaps if he hasn’t replied to a registered letter demanding he redo his report. That is really the first step for any process in France, and a tribunal will expect you to have done so.
And perhaps complain to the DGCCRF
And this for how you take action for small sums
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Not in France but before I retired in the UK I ran a multi discplinary firm of architects, surveyors and engineers. Our surveyors did pre-acquisition reports for potential purchasers and the fee was paid by the purchaser. Depending on the size of the property and location the average price for a survey of a small london terraced house was about £1000 plus VAT. Obviously a site visit was made, photographs taken and a report submitted. Each would take at least a full day to prepare, perhaps more. In France the diagnostic is paid by the seller. In my opinion a report with wrong information in it is useless and could even expose you to a claim later. I think you should write to the surveyor informing him specifically of the errors and giving him the opportunity to put it right. You could additionally hold him liable if the sale falls through, but that could involve mediation or costly litigation. All communes have access to a mediation service.
Judging by the utter inaccuracies of the electrical part of the DPE we were given for our property, they should be printed out only on soft, yet strong and absorbent paper.
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