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The eviction guarantee
After-sales warranty
Once the authentic deed of sale has been passed to the notary (Sheet 5: The authentic deed of sale), the buyer becomes the owner of the property. It must be assured that no one will come to question or disturb his right to property.
If a difficulty arises after the sale, and if a third party claims a right to the property, the seller has the obligation to guarantee the buyer against this disorder. This may include, for example:
• a tenant with whom the seller has entered into a lease without informing the buyer,
• a person who considers that he benefits from an easement of passage on the property,
• a neighbour who claims that part of his land has been annexed irregularly, and who requests that part of the land be returned to him.
In all these cases, if the buyer was not aware of these risks at the time of sale, he can be compensated by the seller. He may ask the seller to compensate for all the damage he suffers, and in particular:
• to return the sale price,
• to reimburse him what he is required to pay to the person having a right to the property,
• an indemnity covering the costs he has incurred,
• damages, especially if the seller was aware of the situation and did not disclose it.
Namely : this kind of situation is very rare in practice, the professionals involved in the sale carrying out the necessary checks.
If a difficulty arises after the sale, and if a third party claims a right to the property, the seller has the obligation to guarantee the buyer against this disorder. This may include, for example:
• a tenant with whom the seller has entered into a lease without informing the buyer,
• a person who considers that he benefits from an easement of passage on the property,
• a neighbour who claims that part of his land has been annexed irregularly, and who requests that part of the land be returned to him.
In all these cases, if the buyer was not aware of these risks at the time of sale, he can be compensated by the seller. He may ask the seller to compensate for all the damage he suffers, and in particular:
• to return the sale price,
• to reimburse him what he is required to pay to the person having a right to the property,
• an indemnity covering the costs he has incurred,
• damages, especially if the seller was aware of the situation and did not disclose it.
Namely : this kind of situation is very rare in practice, the professionals involved in the sale carrying out the necessary checks.
Good to know
The disturbance emanating from the third party must be a legal disorder. The purchaser cannot rely on legal remedies to invoke the seller's guarantee (for example, a third party occupies the property without claiming to have any rights to it).
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