When selling - anything to declare ?

[joidevie]

I've never sold in France, but may choose to do so in the near future

due to a neighbouring restaurant installing a new extractor system

which has radically increased cooking smells and causes a low himming

noise. It is the other side of a 30ft wall and invisible from my

property.

I'm considering taking the issue to the Mayor ( whom I'm good friends

with ) but am concerned about creating an "issue" in itself and

potentially blighting my house. Tongues wag and all that..

Is this something I will need to declare when selling or can I just let

any buyer do their own research ? I'm not sure whether I'm being

paranoid as I know such a situation would just simply not bother some

people..

Thanks for any help.

[Nick Trollope]

No, there is no requirement to declare "neighbour problems" as there is in the UK. It is, as you surmise, up to the buyer to check out the situation for themselves. If the smell is too obvious, however....

 

[Llwyncelyn]

Nick you are absolutely correct as to the UK.  When I sold in 2005 I had just completed a hugely expensive eight year court case (fortunately my costs as a lawyer were my own) as to a right of way that goes back to 1901.  It then appeared on both my deeds and next door and obviously I declared it.  Guess what they did not ask me any questions and it was a hugely complex document. I used some friends of mine who were Solicitors and when I received the enquiries before contract I volunteered some further information.  My solicitors were aghast in that one should only answer questions that are put to you!  A volunteering stance is to be avoided.  You are only held to task on the answers you give to the questions that are posed.

Not sure of the law here but generally if you are aware of something and you are asked questions then you have to reply and to reply truthfully.

Now trying to see if I can get accepted into the French system but I am not sure the authorities would welcome my presence?  Indeed once I was refused an audience at Countances by a Judge and please (and here Will might be able to help) why are there so many lady judges (not that that is a problem ladies probably because you are better!) in the French tribunal system? Indeed the Tribunal was made up of three ladies

[Will]

I'm pleased to say that I have never been involved in a tribunal in France so I haven't a clue about the lady judges.

There is however something called 'vice caché' which basically means that you should not conceal any problems when selling anything, particularly a house. To make it stick though it would have to be proved that you knew about the difficulties at the time, so probably better to keep quiet. And you would, in practice, need to be asked specific questions in order to give (or conceal) the information.

[Attika]

Hello. The Vice Cache  law would not apply here by the sounds of it as the extractor is apparently something which any buyer could see (or hear, or smell :-) ) for themselves. Therefore unless they notice it, you won't have any problems. They won't be able to come against you in the future as it's something which (should they do their due diligence) they should have seen.,

THe vice cache law is written in the French Civil code and is there to protect people purchasing ANYTHING, not just houses. In the case of a house, a vice cache might be something such as an underground spring or leak which is making a wall damp and the seller covers this with lambris (wood panels) to cover the damage for the sale.

Good luck with it.

Claire Healy (Attika International)

 www.attikainternational.com