What to do if your French property has a hidden defect
Hidden problems are called vices cachés and covered by Article 1641 of the French Civil Code
With properties, a defect could be a lack of planning permission or failing to mention that a factory was due to be built next door
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Moving house is said to be one of life’s most stressful events, but what are your rights if you discover a serious problem with your new home?
Earlier this year, a woman who bought a house in Vosges successfully had the sale annulled after discovering it was built illegally on the site of a former agricultural ruin.
At the time of the sale, the property was listed in the land registry and taxed as a dwelling, but had no planning consent.
The vendor had to reimburse the €136,000 sale price, while the notaire was ordered to refund all fees and taxes plus €5,000 in moral damages.
What does the law say?
Hidden problems are called vices cachés and covered by Article 1641 of the French Civil Code. Under French law, the garantie des vices cachés offers mandatory legal protection so buyers are assured that their purchase – whether a house, car or computer – is fit for purpose.
A vendor is liable for any hidden defects that render an item “unfit for its intended use, or that diminish its use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had they been aware of the defects.”
With properties, the defect could be lack of planning permission or failing to mention that a factory was due to be built next door.
However, it also includes smaller deceptions such as deliberately concealing damp patches or rotten woodwork. This is wilful misrepresentation (dol) and is covered by Article 1137, which may allow the buyer to seek compensation or even a total refund.
In another example this year, a couple discovered that their new neighbour’s dogs were left outside to bark all day. Further investigation revealed that the vendor had specifically asked the neighbour to keep the dogs inside during viewings, proving deliberate concealment of a known problem, so the couple were compensated.
Time limits and likely process
If you discover a major problem on your property, the time limit for taking action (délai de prescription) is two years from discovering the defect, and within 20 years of purchase.
First, hire an independent expert to write a report, as courts require professional proof that the defect was hidden and pre-dates the sale.
Then, contact the notaire who can confirm if the seller failed to disclose important information.
Next, send a formal notice (mise en demeure) of the defect via registered post (LRAR) to the vendor and notaire. If the defect should have been picked up by the company who carried out your diagnostic, you should also send a copy to them.
A vice caché case can take 18 to 36 months to settle. You will pay your lawyer up front, but your house insurance policy might include legal protection insurance (protection juridique) and, if you win, the losing party usually has to cover your costs.
An action rédhibitoire cancels the sale with a full refund plus costs, while an action estimatoire means you keep the property but receive compensation for the ‘lost value’ or cost of repairs.
