Our house is smaller than advertised

Q: I saw the item on property diagnostics (Connexion, November) on regulations on the information given by the seller on a property’s liveable area.

We bought our home two years ago and although it is a lovely little place it seemed indeed to be a lovely ‘little’ place; so we measured and found it smaller than specified in the sale notice. Can we annul the sale? C.C.

A: In certain circumstances yes, but in your specific circumstances, probably not although we would need more information to be certain of your position.

Firstly, you do not say if the property is a house or an apartment as the situation is different for both.

The reference to the prop­erty size and the ability to void a sale if it is incorrect by more than 5% refers to ‘copropriétés,’ which is the group of owners of flats in a building and comes under the Loi Carrez.

It does not apply to houses as the property’s value is in both its internal floorspace and its garden – so a smaller area has no ‘automatic’ negative effect on the value.

However, if you bought a flat, any claim needs to be lodged with the seller within a year of the sale.

If you did complain by registered letter within 12 months you have grounds for action but you will need a new expert measurement.

If not, you may still be able to claim against the diagnostic expert – and reclaim money in bank fees and estate agent commission for the smaller surface.

Reader's query answered by Sarah Bright-Thomas of Bright Avocats

Tel: 05 61 57 90 86
www.brightavocats.com
contact@brightavocats.com

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