Are there any legal eagles on here who could say if the attached paragraphs look ok/normal? Are these standard paragraphs?
Thanks in advance.
I’m not a French legal eagle, but from my reading elsewhere I understand that a vendor can exclude his liability for a vice caché (“latent defect”, ie one that wasn’t apparent but which renders the goods unfit for the purpose for which they were intended, or that so diminishes this use that the buyer would not have acquired the goods, or would have paid a lesser price for them, if he had known about them).
More info here: https://www.legifrance.gouv.fr/codes/id/LEGISCTA000006165624/
You don’t have to agree, and it may be a point for negotiation.
I had a look at AI Brittany yesterday to see if it still existed and interestingly there was a posting from a distraught person who sold his house last year and is now being persued by the notaire of the buyers to annul the sale and return the funds because they claim things have come to light and apparently there is a two year time limit to do so! Made me shudder I can tell you but actually proving it could be a minefield for both parties. I urge anyone selling to be truthful and take plenty of photos.
It is specifically saying that in order to claim vice caché the buyer has to prove that the seller knew of the existence of the problem. Which is normally the case anyway so I don’t see anything unusual here. Basically all it is saying is that you can’t go and look at a house, spot a hole in the roof, go ahead with the purchase and then start legal action against the seller because of the hole in the roof which everybody knew about when they signed the acte. You can only make a claim if you can prove that the seller knew about the hole but it was not apparent to anybody viewing the house, or if the seller is an estate agent and you are not. Or potentially where the seller has done the work himself.
In other words, situation normal.
Its not the same as mine last year as it was a new build and is covered by the builder’s deçennel otherwise I would have compared paperwork. We never had this 30 odd years ago, it was simply buyer beware and as most brits back then were buying wrecks, it didn’t really come into play.
Pretty much boiler plate language these days.
Thanks everyone for the very helpful comments . They put my mind at rest ![]()
This is very important. When we sold in Deux Sèvres, we personally took the buyer, with the agent around the property, showing them all defects we knew of and insisted that pictures and a description of said defects were lodged with the notaire. This way, there can be no comeback for any defects we knew about.
Good idea!
