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Hidden flaws ! Termites, fragile foundations, cracks… It is not uncommon to have unpleasant surprises after a property purchase. If it is a hidden defect, you may be able to obtain compensation from the seller.
What is a hidden defect
A latent defect meets several criteria. The defect must be intrinsic to the property sold and reach its very substance like the serious defects of the foundations. He must make the good unusable, for example, if there are termites. This is a hidden defect, unlikely to be discovered by the buyer during a normal examination of the property. And the hidden defect must necessarily be prior to the sale.
The warranty against hidden defects
The conditions of the hidden defect must be met in order to be able to invoke the guarantee against hidden defects. It is an automatic legal guarantee when you buy a property that has been built for more than 10 years. For property built less than 10 years ago, a specific warranty applies.
How to observe it
The reality of the latent defect must be proven. A legal expert is then appointed by the judge in chambers of the regional court in order to note in particular the disturbances, to determine the origin and to define the possible responsibilities. The total average duration of the procedure including the judicial expertise is between 12 and 24 months.
If the hidden defect is found,
it is possible to initiate several actions with the seller. First, a redhibitory action: the buyer returns the property and is reimbursed the sale price plus costs. A valuation action is also possible: the buyer keeps the property and is reimbursed part of the price. The buyer can also claim damages if the seller has acted in bad faith. The time limit for action is two years from the day of discovery of the hidden defect. You must quickly contact an expert lawyer if you notice the existence of a latent defect.
DAMY law firm , Nice, Real estate and hidden defects, Update 2022.
