PhilS Posted June 7, 2012 Share Posted June 7, 2012 Hello everyone. My first post. Wonder if anybody can please help me with a quick question?I'm selling a French registered caravan privately via Ebay on their "petites annonces" section. I have described the caravan honestly & put up a number of photographs.A prospective buyer has come back to me asking what the "conditions de vente?" are for the sale.He has also asked me about any "éventuels défauts" of which there is really only one. I plan to describe the particular (non-serious) defect in full and send him some photos so he knows exactly what it is. I'm just a bit confused about "conditions de vente" for a sale of this type in France. If this was England I would suggest to him it is being sold "sold as seen" etc. but does this arrangement exist in France. If it does what is the phrase I should use? Or are things of this nature on this type of private sale always based upon the declared & described "éventuels defaults" In which case I think I should carefully examine the caravan for anything else that might qualify as " les éventuels défauts" (éventuelles imperfections) and list anything/everything out fully?Sorry to be a nuisance but I just do not want to trip myself up over what should be a straightforward sale!Thank you very much in advance.Phil Link to comment Share on other sites More sharing options...
Sunday Driver Posted June 8, 2012 Share Posted June 8, 2012 Under French law, the only "éventuels défauts" that you would be liable for are those which come to light after the sale and which render the caravan unfit for the use for which it was intended or so diminish such use that, had the buyer been aware of them at the time, he would not have bought the caravan from you or would have paid a lesser price for it. In other words, serious defects such as damage to the van's structure due to water ingress or a rotten chassis which were not apparent to the buyer at the time of sale. Minor defects such as a broken tap would not fall within the scope of your liability.If you were aware of such a serious defect and failed to disclose it to the buyer, then he has the right to return the caravan and obtain his money back together with damages and interest. If you were not aware of the defect, then you are still liable - unless you stipulate that you not offer a guarantee.To do this, you draw up a simple Contrat de Vente setting out details of the parties, details of the caravan, price, method of payment etc and include a statement of non-guarantee:Monsieur .............(the buyer) déclare avoir examiné en détail cette caravane, avoir constaté qu’elle est en bon état extérieur (pneus, carrosserie, etc.) et intérieur et qu’elle est en bon état de marche. Il renonce à exercer à l’encontre de Monsieur…...... (you the seller) toute action quelle qu’en soit la nature, et même celle qui serait fondée sur un vice caché non connu du vendeur. Print out two copies which you both sign as 'Lu et approuvé'. The caravan is then 'sold as seen'.......[;-)] Link to comment Share on other sites More sharing options...
PhilS Posted June 9, 2012 Author Share Posted June 9, 2012 Thank you very much Sunday Driver. That is exactly what I needed to know & to have clarified.I have drawn up a Contrat de Vente based upon your advice & the buyer has already agreed to sign it.Your help is very much appreciated.Phil Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.