Why you should not use the Diagnostic Surveys from a previous French Property Sale
26 April 2013
When a French house or apartment owner wishes to resell he may have in his possession the that were done when the property was bought. While it is possible to use these “diagnostics” in the initial stages of the sale they are best redone, and ideally as soon as possible, so they can be attached to any preliminary sales contract, or “compromis”
The main reason is one of insurance. If there is an error in the “diagnostics” (for example there is asbestos present that was not detected) the buyer may well turn against the seller to gain compensation for the prejudice suffered. The seller would then normally turn against the survey company who are legally obliged to insure against such risks. If the company that did the surveys is no longer in business (nearly 30% went out of business between 2012 and 2013) their insurance will probably not apply. In addition the contractual link was between the survey company and the former seller, not the current one.If the survey company is still active they will generally update the “diagnostics” at a reduced fee (and to the latest requirements which evolve continually) and their current insurance policy will apply to the benefit of the seller.