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Selling property in France: What is a ‘garantie d’éviction’?

If you are selling your French property, you should have come across this legal mechanism

29 December 2020
Selling property in France: What is a ‘garantie d’éviction’ law?
By Sarah Bright-Thomas

Reader question: I have heard of a garantie d’éviction needed for people selling property. Do I have to sort this? And how? I am currently in the process of selling up in France

The short (and long) answer is no, as this happens automatically as part of the property selling process in France.

The garantie d’éviction is a legal mechanism that obliges the seller to guarantee the purchaser a quiet entry into possession and peaceful enjoyment of the property sold.

Eviction means you have, either partially or totally, given up your ownership and enjoyment of the property in question.

In the case of a sale such as yours, this will most likely involve giving up total ownership. It is basically a guarantee of vacant and legal possession and means that the seller guarantees that the purchaser, once they have moved in, will not be disturbed, for example by a third party saying they have a claim on the property.

If that happens, the purchaser – having effectively been evicted from their home – has the right to claim back the purchase price of the property from the seller. There may also be a question of a “charge” encumbering the property not declared at the time of sale (such as an easement allowing the passage of a pipeline).

Query answered by Sarah Bright-Thomas of Bright Avocats. If you have a legal query, send it to news@connexionfrance.com.

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