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Obligations of the seller
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Those who sell a property (a flat, a house or a plot of land) are obligated to inform potential buyers. In general, sellers must provide all the information in their possession regarding the property. Indeed, some of this information is required by law. French courts impose heavy fines on sellers who fail to comply with this obligation. If the seller conceals important information, the buyer can obtain a lower price on the property or, in the most serious cases, annul the transaction altogether. The seller is then ordered to refund the purchase price and in some cases pay compensation to buyers who sustained a loss (such as moving expenses or the cost of finding new housing). It is therefore very important to comply with these obligations. And the list of information that the seller must provide to the buyer is constantly growing.
Generally, this information is legal or technical. For example, from a legal standpoint, the seller must inform the buyer of any easements on the property (regarding passage through the property, views, water runoff, etc.), mortgages or liens (issued by the bank as security on a loan) or other expenses (right of first refusal, advertisement contracts). With regard to technical information, the owner of a jointly owned flat is required to provide the exact surface area of the residence (under France’s Carrez law). The future buyer must receive a copy of the maintenance log (carnet d'entretien) that is mandatory for any co-owned buildings. In some cases the seller must also inform the buyer if termites, lead or asbestos have been found on the property. Parties selling land for development must specify whether the plot’s boundaries have been marked and must inform buyers of any applicable zoning regulations and building options. The building’s immediate environment should be considered as well: Is there a foreseeable risk of natural disaster in the region (e.g. floods, earthquakes)? Are there any zoning easements? Does the home’s drainage system comply with regulations? Are there any businesses nearby that generate pollution?
Every seller has a significant obligation to provide this information and is liable for failing to do so. Such information should be provided to the purchaser when the preliminary agreement is signed. So it’s important to obtain the advice of a professional who specialises in property law before putting a property on the market. Don’t hesitate to meet with a notaire and, above all, don’t sign anything before obtaining his or her advice. Your notaire can offer assistance and help you bring your plans to fruition in complete security. |
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Real Estate
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Alice has lived with Timothée for the last five years.
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Renting furnished accommodations
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Furnished tenancy is governed by different legal and tax regulations from those that apply to
unfurnished accommodations. You need to know more before making the investment.
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How to purchase
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When an English person purchases a real estate in France, he worries about what will happen to it after his death.
Considering, French as well as English private international inheritance laws, the real estates are submitted to the law of the location of the property.
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