Buying A French Property? Useful Ideas To Guide You
It's a cliche to say that the French always do things differently from the Brits
. The French turn it around and say the British do things in a different way from everybody else. However like all cliches there's a fundamental truth.Disclosing defects in a property purchase is a very good example. The underlying principle in British law is "buyer beware" - put simply, it is up to the buyer to check the nature of what he's buying. A vendor is not permitted to misrepresent: but if an individual sells "a property" he is not thereby obliged to tell the customer everything that is wrong with it. It is up to the customer to inspect and find out.
Here is the underlying reason for the advisory services surrounding a British house purchase. A surveyor will supply an expert inspection intended to discover any hidden defects. A lawyer will analyze the legal aspects, undertake local searches, raise a long list of queries and summarise the implications. When a purchaser is satisfied he knows everything concerning the house that there is to know, he will feel able to move forward.
Vice cache
In France the onus is placed on the seller. The buyer is not expected to undertake any serious investigation. The notary will supply him with evidence of title and information on any authorized charges and 3rd party legal rights. But apart from that the vendor must act "in good faith" and to disclose flaws in the property. A defect that's purposely not disclosed by the vendor, and which eventually materialises, is described as a vice cache or concealed defect. The buyer can turn upon the vendor after the sale and require either a reduction in price or perhaps a cancellation of the deal.
What type of things are we discussing? Essentially, anything that makes the property inadequate for the planned use, or which renders the use so distinctive from that which was meant that the customer wouldn't have bought it, either at the price agreed or at all. This may be something outside the home itself - for example excessive noise in the general vicinity. Or it might be an interior issue, such as a crumbling wall that the seller has disguised.
In practice, there's generally an element of deceit required if a claim is to work. Purchasers are required to undertake a degree of inspection, just like any sensible individual would. Additionally, the many reports which the seller is required to provide (termites, asbestos, electrical installations etc.) remove liability as regards matters covered inside the reports.
Taking things on trust
An overseas buyer, bemused by the workings of the French system, let alone the language, tends to rely on the ethics of the people he's dealing with. If he's told that the seller has to tell him of all defects he may be relaxed. But he'd be foolish to rely on it without inspection and confirmation. First, he may not understand what he is told. Secondly, once he has paid his money he will need to tackle court procedures in France in order to obtain redress. Thirdly, the seller might have disappeared over the horizon. Fourthly - well, you get the point.
Unlike what many French think, buyers of property in France are not especially well protected. The notaire will aid as best he can, but he's supervising a deal instead of taking one side in opposition to the other. The system of legal responsibility for hidden problems gives an ex post facto remedy which may be challenging to impose.
Solutions
It's all very well pointing out an issue, but what of the solution? Employing a UK legal agent experienced in French legislation may help, but in my experience it has a tendency to complicate the chain of communication and create more uncertainty compared to reverse. I am more in favour of individuals exercising simple good sense. The notaire will examine title, so that should not be an issue. Obtaining a survey from a UK-qualified surveyor resident in France should remove any niggles about the solidity of the structure. As for other matters, don't be bamboozled by estate agents neglecting concerns of yours until they've given an explanation that you fully understand. And if you have any serious concern, obtain the response on paper.
The fundamental rule in this as in other key decisions is to make sure you understand what is at risk and take enough time to make a sensible choice, without being overinfluenced by emotion or people with other interests at heart.
Sounds easy, doesn't it? Now let me try out your resolve by showing you a dream of a Dordogne chateau that will make your heart overrule your head...
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