I am not sure about this because I believe trade insurers vet artisan’s qualifications before they will issue a policy, and they will only cover work for which the artisan is qualified. Eg if the artisan is a qualified electrician they will not insure him for roofing work.
Are you referring to vice caché because if so, then I think the following would apply:
Le vendeur particulier
Il est d’usage, pour le vendeur particulier, de s’exonérer de la garantie des vices cachés. Tous les compromis comportent une telle clause. Toutefois, malgré cette clause, cette exonération de garantie ne joue pas, , et le vendeur vous doit donc la garantie, s’il est de mauvaise foi. En d’autres termes, s’il avait connaissance du vice avant la vente. Car encore une fois, le vice caché n’est pas un vice que le vendeur a lui-même caché. Le vendeur peut ignorer ce vice, précisément parce qu’il n’est pas décelable. En revanche, s’il en avait connaissance, la garantie des vices cachés est due.
Encore faut-il que l’acquéreur prouve que le vendeur avait connaissance du vice. L’exonération de garantie ne peut pas jouer non plus si le vendeur ne fournit pas les différents diagnostics prévus par la loi. Mais nous avons vu que cela était très rare.
And therefore the purchaser would have to prove that there were problems that I knew about (not aware of any) and that we deliberately hid them so as they could not reasonably be discovered by an inspection…
Vice caché is another thing that has its own rules and potential for quibbling.
But the obligation for 10 year insurance on major works is a separate thing in itself.
I will see if I can find a link unless somebody else has one.
This seems to explain it in some detail
Although having read it to the end it appears to say that the waiver is not valid whereas I know for a fact that it is sometimes used. I suggest this article may need to be taken with a pinch of salt and you should find some other articles to compare it with.
This paragraph seems to apply to us best :
Au contraire, il a pu être jugé que « les travaux, réalisés seulement à l’intérieur de l’immeuble, n’ayant concerné que la redistribution et la disposition des pièces, entrepris régulièrement sans permis de construire et n’ayant pas affecté les murs extérieurs, les toitures ou les fenêtres, ne pouvaient être assimilés à la construction d’un ouvrage » (Cass. 3e civ., 6 novembre 1996, n° 1628 PB, Vergne c/ Sté Brothe-Grignand).
As we have not done anything on the supporting walls, floors or roof (other than some retiling which is to be done by a professional shortly).
It doesnt mention electrical or plumbing works at all.
So not “major construction works” and therefore not applicable by the 10 year guarantee? (As I read it…)
In our friends’ case it was a hot water ballon that had been installed by the owner himself.
They were quite happy to waive the guarantee on that since it was working and in any case had been in situ for nearly the 10 years.
You now know as much and more than I do about this so I will not attempt to discuss any further.
Lots of people have renovated - it’s not exactly unique. The diagnostique doesn’t care who did the work - the installation meets the standards or it doesn’t - and even then there’s a massive difference between a fault/risk and being a norme or two behind… but the diagnostique simply says what’s wrong it doesn’t care about who did it… That’s sort of the point of a diagnostique.
You’re worrying unnecessarily - worry if a problem occurs. Vice cache only applies to intentionally hid defects ( there’s no vice cache if you find damp behind old wallpaper - there is a case if it was papered over last week).
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Thank you, you’ve been very helpful!
All the best, Danielle
Thank you, its the conclusion I’m coming to but wanted to be a little more sure… dont need more stress than we already have in this process and all the rest thats going on right now.
When we bought the house, it was ‘sold as seen’ by the family who had owned it since 1871 and everything, including exterior extension to construct a staircase to the 1st floor, had been done by someone’s father, brother , cousin etc!
Yes, it had a lot of faults but they had happily occupied it since the 1950s when it was last renovated and said ‘take it or leave it’. We loved it and saw the potential, so we took it.
Surely someone else will feel likewise, especially as previously said, we have done all the hard stuff!
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I’m sorry to read you’re going through such a rough time, Danielle. I can’t imagine the stress. 
As someone who just walked away from a property due to permits not being in order, I can only advise that you be honest and up front with any potential buyer. Try to regularise what you can. Don’t try to hide things and hope they’re not noticed.
I agree with JaneJones, kerb appeal is huge. Clean up any clutter, make the beds, put the toilet lid down and take photos with good lighting. 
Sandcastle’s idea of a waiver clause is sound from a seller’s perspective. From a buyer’s perspective, I would hesitate to sign with such a clause in place, unless the price was low enough to cover any risk I might have. It sounds like you need maximum price to make a fresh start.
Wishing you the best and keep us posted.
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Thanks Gabby, we’re going to do what we can.
Im used to presenting houses for sale so should be ok on that front and the agent will be taking professional photos (we’re thinking of going with Leggett and have been very impressed by the quality of information they produce).
I had a look at the Acte that we signed and it did indeed have a waiver clause in it that said we accepted the property in its current state and couldnt claim for any defects.
However, as people have previously noted, this waiver is then caveated to exclude works carried out by non professionals who can be considered to have replaced a professional for major works and in the case of vice caché.
I’m thinking this is probably the best clause you’re going to get away with within the legal framework…
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Danielle this site is a mine of information and I’m sure I’ve seen Leggetts ( and perhaps other agents?) mentioned a few times. Somewhere there’s a search button
Leggett’s are well known for selling at a slightly higher price to foreigners……which is what you need! Negotiate hard on their commission!
Agreed but this tactic can often reduce the audience of potential buyers to just ‘foreigners’ as French nationals tend to avoid them. Also the hefty add on commission by Leggot is the main reason why the asking price is higher, take that off and the net sale price is usually the same as with french agent.
There is only ever one buyer so advertising should not be restricted to one agent and never sign an exclusivity clause to the selling agent.
We used Leggett’s once and would not use them again for the reasons above.
If you negotiate commission to same as French immoblier, then can give them 6 weeks exclusivity which will be enough to hook anyone suitable already on their books. If nothing transpires then place more widely.
The agent was very confident that he would be able to identify buyers from the IDF or national market interested in a multi-building 2nd home or live on site with established gites activity, even more so than international buyers.
Also, the advantage of giving an exclusive mandate is that they reimburse you the cost of all your diagnostics if they find a purchaser.
Considering the size of our property, this would be a saving of thousands…
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They are proposing 6%, how does this seem to you and what would you think I could negotiate to?
I know it varies from 3 to 10% so 6 seems average but would be quite a tidy sum on our property…
Can you confirm that it is the Buyer who is to pay this 6% ?
Oooooouuuuuucccccch are they serious?
I am out of touch and would be very interested to know if that’s the going rate!!
PS I’d look very very hard in the small print to find out about other charges and fees I’d be expected to pay if I worked with them too. And whether it would differ if I stopped working with them or sold it another way (eg privately).
For a start, I’d bet there’s TVA (VAT) on top of that % too. Then you have notaire’s fees, government fees…