Buying home is, for many, the biggest investment in life. The decision is usually made with enthusiasm and great expectations, but there are situations in which this dream turns into a real nightmare, says newspaper Noticias Labor. This is what happened to a French couple, who, after acquiring a dwelling for 290,000 euros, discovered a series of serious problems, which led them to hold the real estate agency responsible for the business. In this case, the French court gave reason to the agency.
290 thousand euros and a house full of problems
The couple paid 290 thousand euros for the new home, but a few months after the purchase began the problems. Humidity became evident, infiltrations, electrical failures, and even the roof was in risk of collapse.
Given the severity of the situation, the new owners decided to contact the real estate agency that had sold the property, requiring explanations and eventual compensation for damages.
ILIBA COURT
The case eventually went to court, but the decision was not favorable to the couple. According to the French court, cited by the same source, the real estate agency cannot be held responsible for the defects of the house if it has not hidden information or made false statements during the sales process.
The conclusion was clear: If there is no intentional intent or intentional omission of relevant facts, the burden falls on the buyer, who must be secured in advance of the state of housing before signing any contract.
French law only requires that the real estate agent reports on what is visible
Real estate agents, as established by French legislation, are only obliged to transmit what is visible to the naked eye, and it is not their responsibility to diagnose hidden structural or technical problems.
Unless there is concealment or lie, such as stating that the house had foundation reinforcements that never existed, responsibility does not fall on the agency.
Buyer should resort to experts if you have questions
Lawyer Laurent Gimalac, quoted by the same source, states that it is up to the buyer, especially when there are alert signs, hire specialized technicians to evaluate the property. In practice, this means that, in the face of any distrust about the state of the house, the future owner must, by its own initiative, request a technical inspection or advise with an architect before advancing with the purchase.
The court decision underlines this idea by arguing that the buyer must act with diligence, especially in cases where there are legitimate doubts about the structure or general condition of the property, the.
Thus, in France, the real estate agency is only responsible if it has lying or intentionally hidden essential information. In the remaining cases, the precautionary duty falls entirely on the buyer.
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