Coast and Country in France

Let the buyer beware is often quoted as a general rule for property sales in France, but the seller has legal obligations.

When you buy a property in France, it is a legal responsibility for the seller and their agents to inform you of anything they know may be wrong or detrimental about the property - and also anything they should be aware of - note the word “should” - this could be difficult to”prove” if there was a later claim for misrepresentation. Taking action for compensation is likely to be a long and expensive process and, in my opinion, should be avoided at all costs.

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Hi Tony

Ted here, long time since we were in contact remember we lived in Tremolat.Well since then we decided to sell up and go and live in the Haute Savoie. We have initialy rented a place and signed the promise to buy on a nice house

However, we have by accident found out that the driveway to the house is commune land and therefore we cant fence it etc etc.We now know that the agent also knew but did not disclose this to us

We have talked to the Mayor and our Notaire.We still wish to purchase regardless however we would like to know our rights about non disclosure of informatiom.Do you think we should look for some sort of financial retribution?Any words of wisdom?

Hope you and your family are keeping well
Ted

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Hi Ted,

The seller and their agents are legally obliged to inform you of anything detrimental about a property that they know about or should have known about. If they do not do this the contract can be cancelled by you and you can claim any losses.

It is very likely that this right of way or “servitude” would have become clear to the Notaire and explained to you on the final sales acte, before you paid, and this then would be your option to continue.

I am not sure what you mean by “commune” land - it will belong to someone and it must be clear as to the rights of way and the extent of responsibility for repairs etc.

If the access to the property is good and clear and there are no problems and if you like the property and consider it good value, then go ahead - perhaps make a reduced offer - only you can decide on this.

Taking any “legal” action is likely to take many years and much money for no conclusive result (in my opinion and experience)

Bonne Chance

Tony

caveat emptor, caveat vendor, living in france, Personal, Property in France, Real Estate

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