Know the condition of your dwelling house.
For any sale of a property, the buyer is protected against the discovery, after the acquisition, of any defects that a careful inspection would not have revealed.
The guarantee of hidden defects in real estate
The guarantee of hidden defects is included in the Civil Code in article 1641, according to which: "The seller is bound by the guarantee for hidden defects of the thing sold that make it unfit for the use for which it is intended, or that reduce this use so much that the buyer would not have acquired it, or would have given only a lower price, if he had known them."
It can be water infiltration in a room, a wall that cracks, an evacuation system that is not up to standard, or a degraded framework,...
Be aware, however, that the mere finding of the defect is not enough to invoke the guarantee provided for in articles 1641 and following of the Civil Code. Indeed, it is up to the purchaser to prove that the defect existed before the transaction, but that it was not apparent or that it had been concealed.
The roof of a house can be a hidden defect
The Court of Cassation accepted that a roof in poor condition could be a hidden defect for the "profane" buyer, but that it was a known defect for the seller who was not more competent. Indeed, after the intervention of a construction company, the owner of a property is supposed to know its condition. The Court therefore considers that he cannot maintain that he was unaware of his defects if the purchaser complains of latent defects.
Thus, although visible from the outside, a roof in poor condition can therefore constitute a hidden defect for the buyer.
Nicolas MOULIGNER
Looking for a property?
Whether it is a house sale or an apartment purchase in Miremont, My Home Toulouse is here to advise you and accompany you in your project. Expert in real estate in Miremont for several years, our agency My Home Toulouse is close to its customers. Our employees will bring you satisfaction and will meet all your expectations.