It is a cliche to say that the French always do things in a different way from the Brits. The French change it around and say the Brits do things in a different way to everyone else. But just like all cliches there's a fundamental truth.
Disclosing problems in a house purchase is a very good example. The underlying principle in English law is "buyer beware" - put simply, it is up to the customer to determine the nature of what he is buying. A vendor isn't allowed to misrepresent: however, if someone sells "a house" he is not thereby required to inform the customer exactly what is wrong with it. It is up to the buyer to inspect and find out.
This is the underlying reason for the advisory providers encompassing a English property purchase. A surveyor will give you a professional inspection designed to uncover any hidden flaws. A solicitor will take a look at the legal factors, carry out local searches, raise a large list of queries and summarise the ramifications. When a purchaser is content he knows everything concerning the property that there is to know, he will feel able to move forward.
Vice cache
In France the onus is put on the vendor. The buyer is not expected to undertake any serious analysis. The notary will provide him with evidence of title and details of any registered costs and 3rd party legal rights. But apart from that the vendor must act "in good faith" and also to disclose flaws in the house. A deficiency that's deliberately not disclosed by the seller, and which subsequently materialises, is referred to as a vice cache or hidden defect. The customer can turn upon the vendor after the sale and require either a reduction in price or perhaps a cancellation of the transaction.
What sort of things are we discussing? In essence, anything that makes the property inadequate for the expected use, or which makes the use so different from that which was intended that the purchaser wouldn't have bought it, either at the value arranged or at all. This might be something outside the property itself - such as too much noise in the neighbourhood. Or it might be an internal issue, like a falling wall that the vendor has concealed.
In practice, there is generally a component of deceit required if a claim is to work. Purchasers are expected to undertake a degree of inspection, just like any prudent person would. Additionally, the many reports that the seller must provide (termites, asbestos, electrical installation etc.) eliminate legal responsibility as regards matters covered inside the reports.
Taking things on trust
A foreign purchaser, bemused by the workings of the French system, not to mention the language, tends to depend on the integrity of the individuals he's working with. If he is told that the seller needs to tell him of all defects he might be relaxed. But he'd be foolish to depend on it without examination and verification. First, he might not understand what he is told. Secondly, once he has paid out his money he will have to undertake court proceedings in France in order to obtain redress. Thirdly, the vendor might have disappeared over the horizon. Fourthly - well, you get the drift.
Unlike what many French believe, buyers of property in France are not particularly well protected. The notary will advise as well as he can, but he is supervising a transaction rather than taking one side in opposition to the other. The system of liability for hidden defects gives an ex post facto remedy that may be difficult to enforce.
Solutions
It's all very well pointing out a challenge, but what of the solution? Appointing a UK legal agent versed in French law may help, but in my experience it tends to complicate the chain of communication and build more uncertainty compared to reverse. I am more in favour of people exercising basic good sense. The notaire will examine title, to ensure that should not be an issue. Getting a survey from a UK-qualified surveyor resident in France ought to remove any niggles concerning the solidity of the construction. As for other matters, you shouldn't be bamboozled by estate agents neglecting concerns of yours until they have given a reason that you fully understand. And for those who have any serious concern, obtain the answer in writing.
The fundamental rule in this as in other key decisions is to make sure you understand what is at stake and take adequate time to make a sensible decision, without being overinfluenced by emotion or people with other interests at heart.
Sounds easy, doesn't it? Now let me try out your resolve by showing you a dream of a Dordogne chateau that will make your heart overrule your head... - 39815
Disclosing problems in a house purchase is a very good example. The underlying principle in English law is "buyer beware" - put simply, it is up to the customer to determine the nature of what he is buying. A vendor isn't allowed to misrepresent: however, if someone sells "a house" he is not thereby required to inform the customer exactly what is wrong with it. It is up to the buyer to inspect and find out.
This is the underlying reason for the advisory providers encompassing a English property purchase. A surveyor will give you a professional inspection designed to uncover any hidden flaws. A solicitor will take a look at the legal factors, carry out local searches, raise a large list of queries and summarise the ramifications. When a purchaser is content he knows everything concerning the property that there is to know, he will feel able to move forward.
Vice cache
In France the onus is put on the vendor. The buyer is not expected to undertake any serious analysis. The notary will provide him with evidence of title and details of any registered costs and 3rd party legal rights. But apart from that the vendor must act "in good faith" and also to disclose flaws in the house. A deficiency that's deliberately not disclosed by the seller, and which subsequently materialises, is referred to as a vice cache or hidden defect. The customer can turn upon the vendor after the sale and require either a reduction in price or perhaps a cancellation of the transaction.
What sort of things are we discussing? In essence, anything that makes the property inadequate for the expected use, or which makes the use so different from that which was intended that the purchaser wouldn't have bought it, either at the value arranged or at all. This might be something outside the property itself - such as too much noise in the neighbourhood. Or it might be an internal issue, like a falling wall that the vendor has concealed.
In practice, there is generally a component of deceit required if a claim is to work. Purchasers are expected to undertake a degree of inspection, just like any prudent person would. Additionally, the many reports that the seller must provide (termites, asbestos, electrical installation etc.) eliminate legal responsibility as regards matters covered inside the reports.
Taking things on trust
A foreign purchaser, bemused by the workings of the French system, not to mention the language, tends to depend on the integrity of the individuals he's working with. If he is told that the seller needs to tell him of all defects he might be relaxed. But he'd be foolish to depend on it without examination and verification. First, he might not understand what he is told. Secondly, once he has paid out his money he will have to undertake court proceedings in France in order to obtain redress. Thirdly, the vendor might have disappeared over the horizon. Fourthly - well, you get the drift.
Unlike what many French believe, buyers of property in France are not particularly well protected. The notary will advise as well as he can, but he is supervising a transaction rather than taking one side in opposition to the other. The system of liability for hidden defects gives an ex post facto remedy that may be difficult to enforce.
Solutions
It's all very well pointing out a challenge, but what of the solution? Appointing a UK legal agent versed in French law may help, but in my experience it tends to complicate the chain of communication and build more uncertainty compared to reverse. I am more in favour of people exercising basic good sense. The notaire will examine title, to ensure that should not be an issue. Getting a survey from a UK-qualified surveyor resident in France ought to remove any niggles concerning the solidity of the construction. As for other matters, you shouldn't be bamboozled by estate agents neglecting concerns of yours until they have given a reason that you fully understand. And for those who have any serious concern, obtain the answer in writing.
The fundamental rule in this as in other key decisions is to make sure you understand what is at stake and take adequate time to make a sensible decision, without being overinfluenced by emotion or people with other interests at heart.
Sounds easy, doesn't it? Now let me try out your resolve by showing you a dream of a Dordogne chateau that will make your heart overrule your head... - 39815
About the Author:
It has been said many times that the Dordogne region of France is without equal. Why not take a look at a selection of Dordogne Property and dream about that perfect place in the sun? The website of MCM Dordogne Property: www.riberacproperty.com has an extensive selection of properties available just waiting to tempt you into fulfilling the dream.
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