Home > Expert advice > Fact sheets > The guarantee of defects of the property
The guarantee of defects of the good
Guarantee of defects
After taking possession of the property, the buyer may have the unpleasant surprise of finding defects.
In the case of apparent defects, the seller is not obliged to guarantee them. A defect is considered to be apparent when a buyer without special knowledge could have noticed it.
With regard to hidden defects :
• if the seller is a professional, he owes the guarantee of hidden defects to the individual who bought the property.
• if the seller is an individual, it is customary to include in the deed of sale a clause by which the seller does not owe the buyer the guarantee of hidden defects. However, if the seller was aware of the defect before the sale, and he did not reveal it to the buyer, his responsibility is engaged.
A hidden defect can be defined as a very serious defect of the property, undetectable at the time of sale, and which prevents the buyer from using it as he had agreed with the seller.
Like what:
• the lack of connection to running water for a house with taps and pipes,
• polluted soil, constituting a significant risk for people occupying the land or wanting to build.
When the seller is bound by the guarantee of hidden defects towards the buyer, the latter may, at his choice:
• either ask that the sale be reversed and that the sale price be returned to him,
• or request a reduction in the price according to the defect in question. Also, if the seller was aware of the defect and did not reveal it to the buyer, the latter may, in addition, claim damages.
In the case of apparent defects, the seller is not obliged to guarantee them. A defect is considered to be apparent when a buyer without special knowledge could have noticed it.
With regard to hidden defects :
• if the seller is a professional, he owes the guarantee of hidden defects to the individual who bought the property.
• if the seller is an individual, it is customary to include in the deed of sale a clause by which the seller does not owe the buyer the guarantee of hidden defects. However, if the seller was aware of the defect before the sale, and he did not reveal it to the buyer, his responsibility is engaged.
A hidden defect can be defined as a very serious defect of the property, undetectable at the time of sale, and which prevents the buyer from using it as he had agreed with the seller.
Like what:
• the lack of connection to running water for a house with taps and pipes,
• polluted soil, constituting a significant risk for people occupying the land or wanting to build.
When the seller is bound by the guarantee of hidden defects towards the buyer, the latter may, at his choice:
• either ask that the sale be reversed and that the sale price be returned to him,
• or request a reduction in the price according to the defect in question. Also, if the seller was aware of the defect and did not reveal it to the buyer, the latter may, in addition, claim damages.
Good to know
Decree No. 2021-609 of 18 May 2021 sets the categories of goods for which the invoicing document (such as the receipt or invoice) given to the customer must mention the existence and duration of the legal guarantee of conformity of at least 2 years.
Other fact sheets
To go further:
Our guide to frequently asked questions about real estate is here to help you see more clearly.
Quickly find an effective letter template to meet your expectations as much as possible.
