Hi this is about a vice cache. The question is : Do I have a case worth pursueing? I bought a house in january this year. I was shown a leak by the immobilier about 10 cm wide, at the base of the waste pipe for ‘l’eau usée’ situated in the cave. The immobilier told me the sellers friend was going to fix it. The seller announced in the act de vente of the day of signing that there was a leak and her friend was going to fix it. It is ancient house so I expected work. In the contract, Acte de vent, the clause, buyer buys house as seen, was included but my notaire says I have a case because the Seller has also signed in the acte de vente that to her knowledge the the system sanitaire is in ‘bon etait’. However two days after moving in and using shower etc the leak became much more serious expanding to 30 cm plus several areas of damp zones appeared. I was advised to get the opinion and devis of two macons with the decinnel. It is considered urgent because it is l’eau usée and is a contaminent if it enters the soil. The work is extensive. I took photos and kept records of all correspondance which clearly showed that the seller was determined a friend fixed it and even arranged for them to come round without my permission! I have photos showing the leak only appears when living in the house ( i went away for three days and the leak completely disappeared.) It returned on my return. The owners are now saying they havnt lived in this house for two years. It is stated in the contract as their maison principale. The house was full of furniture when i first saw it. Perhaps it was used for holidays. They say they didnt know it was that serious. The notaire says the law is on my side but I am interested to know other peoples opinions and experiences? Thankyou !
sounds horrific.
while you’re waiting for people to reply… keep in touch with your Notaire, he/she will only act on your instructions… so make sure you don’t run out of time for registering your claim against the Sellers…
best of luck.
Maybe get a professional in to give a devis for works to repair all the problems and it would show how serious and how long it has been going on for. Never accept “a friend is going to repair it”, probably someone who tinkers with DIY! Sounds like you have a pretty solid case against the seller.
Thanks! Thats reassuring. I have got two devis of entreprises with the 10 year guarentee required to put work au norm.
I’m surprised your Notaire didn’t insist that some money was held back until the repair had been carried out.
must confess… in our various transactions, the Notaire has been very meticulous in holding back funds for “promised” works…
Not sure how much you’re talking about to fix the issue, but you could ultimately spend alot more time and money on pursuing the case and still be left with the risk of it not panning out as you wish. I can imagine such matters can also drag on a long time before any resolution. Personally, unless it’s a substantial amount to get fixed, I’d probably put it down to experience and move on.
Thanks for your advice. I had considered that but it is over 7000 euros. My notaire says the case is straight forwards so I hope he is right but I wanted other peoples expériences.
might be an idea to look at the Report which will have been done for the Sale… and check that the rest of the house is “as it should be”…
If a Seller has skimped or reneged on one thing… they might have been less than scrupulous elsewhere… 
That’s shocking and I would be livid with my Notaire letting it get this far, if the case has to go to court it could well take years.
to be fair… it’s not clear if this Notaire is the same one who dealt with the Sale…
My thoughts too!
Do you happen to know if amiante in thé roof tiles can be considered à vice caché if not mentioned by the owner or in the diagnostics?
This gets worse.
Not sure the owner would know about the asbestos but the technician who carried out the inspection certainly ought to have done.
seems to me you need to discuss the entire Diagnostics with your Notaire… and tell him of your fears.
mentioned as being present in the roof. Relieved in a weird way! Staying positive though about the leak. Got to!
It is. But he is very good in lots of ways. The ex owner has an attitude problem. Complained about having to empty the caves of her stuff! What can you do with that!
Ah well… it’s up to you how you proceed.
best of luck
Will keep you informed and pass any useful info if there is any!
Vice cache, is exact as it says “A hidden defect”
If you can see it and it has been pointed out its not hidden.
On the other hand as the problem had not been rectified prior to signing the act, the notaire should of held back a sum of money belonging to the seller in order to have the problem fixed.
Good luck.