Real Estate News

In The Event Of The Hidden Defect, The Real Estate Buyer Of The Property Can Evoke The Deception Of The Seller

After buyin a house, a buyer found himself forced to undertake costly work. The Court of Cassation considered that the purchaser could complain of fraud, that is to say of deceptive maneuvers or silences of the seller.

(BFM Immo) – If the possibility of invoking a hidden defect is lost because it is too late, it may be possible to invoke the civil liability of the seller on the condition that he can be held responsible for a defect in the consent. The Court of Cassation admitted, by stating this principle, that the purchaser of a house, after having discovered important work to be done, can claim compensation by invoking the fraudulent attitude of the seller, before the sale or at the time sales.

A buyer complained of being faced with an estimate of 250,000 euros for work to be done to consolidate the construction, deal with humidity problems or even electrical safety that he had just discovered. The discovery of hidden defects on which the seller would have remained silent to deceive his buyer can only constitute “hidden defects” which the buyer must complain about within two years at most, replied the seller of the house.

5 year period purchaicing Real Estate

This purchaser, he said, cannot get around this two-year limit by invoking alleged maneuvers that would have vitiated his consent in order to push him to buy. This would be artificially using the seller’s civil liability, which can be invoked for five years.
But the Court of Cassation ruled the opposite. It recalls that “any fact whatsoever” which would cause damage to others, obliges the offender to make reparation. And it is not because he has a guarantee against hidden defects that a purchaser cannot also complain of fraud, that is to say of deceptive maneuvers or silences of the seller, and invoke civil liability within five years.

Living Under One Roof with Seniors Underminded By Coronavirus

The actors of “interdependent intergenerational cohabitation” are struggling to promote their model during this coronavirus crisis, with fears of contamination of the elderly by young people.

(BFM Immo) – Protecting health and maintaining social ties: those involved in “interdependent intergenerational cohabitation”, which provides for a young person who is often a student and an elderly person to live under the same roof, consider its maintenance all the more necessary in the context of health crisis. “More than a simple cohabitation, this system makes it possible to create strong bonds with the elderly person” (Sébastien), “a second grandmother for me” (Safaa); “this experience is a human solidarity before being a housing at a lower cost” (Mohamed).

These testimonies of young people gleaned on the forum of the Bordeaux association Vivre Avec illustrate what was already noted in 2010 by a study by the Catholic University of Lille for the National Family Allowances Fund: intergenerational housing is “the meeting between two people, a senior and a student each having a need and something to offer, “a presence and accommodation.

Well established in Quebec, the Netherlands, the Scandinavian countries and Australia – where we speak of “kangaroo habitat” -, appeared in the 1990s in Spain in the midst of the housing crisis, and high prices for real estate the cohabitation of a young and ‘an elderly person began to develop in France after the deadly heatwave of 2003.

The Elan law on housing of November 23, 2018 and a decree of January 13, 2020 establish the contract and the charter of “solidarity intergenerational cohabitation”. The ambition is to “prevent the isolation of seniors and contribute as much as possible to their maintenance at home” and to “allow young people to be welcomed, with a modest financial contribution” and the realization of “small services” . By small services, the legislator understands for example “a benevolent presence in the respect of the private life”.

These retirees who choose to live in assisted living facilities
It is about “sharing much more than a roof”, it is “on both sides a commitment of conviviality and solidarity”, explains Joachim Pasquet, director of Cohabilis, a network of some 40 associative structures promoting “shared habitat”.

News by 29Condos

Buying a condo: how to make a wise choice?

Do you want to become an owner and already have your dream condo in your sights? Here’s what you need to know to make this purchase informed.

Respect for your expectations
First, make sure that the environment of your future cozy nest meets your expectations. A tour of the owner at different times of the day could save you unpleasant surprises. And why not take the opportunity to strike up a conversation with neighbors to learn more about the neighborhood, local services, etc.?

Co-ownership management
When buying a home or a condominium, it is essential to require a clause stating that your promise to purchase is conditional on consulting the documents relating to this type of property. Your real estate broker can advise you on this subject.
The seller must therefore be able to provide documents such as the declaration of co-ownership, which includes the regulations governing the common and private parts, the minutes of general meetings of the last two years, the maintenance book listing the work undertaken in the past, the certificate of the location of the steel building and the state of the contingency fund.

In addition, three documents are essential to make an informed purchase, namely the estimated budget of the condominium, its financial statements as well as a study produced by a professional which describes the important work to come, if this is the case.

Inspection

Inspection can (and should) constitute a conditional clause in the promise to purchase. If significant apparent defects are detected, the buyer will then be entitled to negotiate the asking price downwards.
But, whether the inspector examines the private areas or explores the entire building, this procedure is a real challenge. Inspection still has its limits, especially when the building is large. Reviewing the building maintenance documents can help a lot.
These checks and precautions may seem numerous, but they reflect the complexity that surrounds the purchase of a condo. So be sure to bring a real estate broker with you to avoid unpleasant surprises.

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