Buyer Beware

[Snowey]

Can anybody tell me if it is illegal for the Notaire to have a clause in the contract to the effect that the Buyer has no redress on the Seller if there have been problems with the Maison that have been covered up by the Seller,

[Will]

As far as I know it is quite normal to include such things in the sale of any property other than a new house. Older properties are bought 'as seen'; if there is anything the buyer is worried about then it's best to get a builder, architect or surveyor to look before signing the compromis. The exception is that the seller has to provide survey reports showing (according to regional requirements) presence or absence of asbestos, lead and termites, and that the septic tank (if fitted) is up to scratch.

New builds should be covered by insurance-backed guarantee.

Will (50)
Forum moderator

[Richardbk]

This is standard for real estate - about the only form of purchase where there is no redress (even vice cache) - apart from
- asbestos
- termites
- lead
- surface area must be within 10% of that declared.

Note that for all other forms of purchase between private individuals (cars, TVs, anything really ) there is an implied and implicit warranty unless a paper is signed by both parties indicating this has been waived.

regs

Richard

[Lori]

The way you stated this is that if there are problems that were "covered up by the seller." I cannot see how this could be legal. If a seller "covers up a problem," technically, even an expert might not see the problem if it is sufficiently covered up - hidden. This would have to have been blatantly done and it is hard to believe that a clause such as this, could be held up in a court of law - even here. Perhaps I have misunderstood, but, I for one, would not sign a contract that had this clause in it. If it is removed and the seller will not sign, something is up - like a red flag and the seller KNOWS what it is. Ask him

Just a thought.