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What happens if there is a surface error when selling a condominium lot?
Condominium surface error
Seller, you do not have the obligation to have the measurement of your lot carried out by a professional. But this is preferable.
Indeed, if the area indicated in the compromise and then in the deed of sale is greater than 5% of the actual surface of the property, the buyer may request a reduction in the price proportional to the actual surface of the property. The buyer can act for one year, from the signing of the authentic deed of sale.
When the measurement has been carried out by a professional, if the buyer acts in reduction of the selling price, the seller will have to compensate him, proportionately. But it may engage the responsibility of the professional who carried out the measurement, in order to obtain compensation for the damage he has suffered.
Where, on the other hand, the area indicated in the special agreement and then in the authentic deed of sale is less than the actual surface area of the property, that difference does not give rise to any additional price for the benefit of the seller.
Indeed, if the area indicated in the compromise and then in the deed of sale is greater than 5% of the actual surface of the property, the buyer may request a reduction in the price proportional to the actual surface of the property. The buyer can act for one year, from the signing of the authentic deed of sale.
When the measurement has been carried out by a professional, if the buyer acts in reduction of the selling price, the seller will have to compensate him, proportionately. But it may engage the responsibility of the professional who carried out the measurement, in order to obtain compensation for the damage he has suffered.
Where, on the other hand, the area indicated in the special agreement and then in the authentic deed of sale is less than the actual surface area of the property, that difference does not give rise to any additional price for the benefit of the seller.
Good to know
The surfaces of the exterior annexes (excluding garages), unfinished attics, verandas and basements must also be integrated into the Carrez law area from the moment their ceiling height reaches 1.80 m or more.
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