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Mention inscribed in an offer to purchase (promise to purchase) or in a deed of sale. Its purpose is to exclude the guarantee of quality for latent defects, namely those that could affect the building in whole or in a part, for example the roof and foundations. Thus, in the event of the discovery of a hidden defect, the buyer would waive the right to take legal action against the seller.
WHAT YOU SHOULD KNOW! The exclusion of legal guarantee is often used, during a sale, by the liquidator of a succession. In addition, the law provides that the sale under judicial control does not give rise to any guarantee of quality.
WHAT TO KEEP IN MIND : The professional seller can’t exclude or limit his civil liability by a waiver clause regarding the legal guarantee of quality. It is presumed to have known the defect at the time of the sale, when the malfunction of the good or its deterioration occurs, prematurely, in relation to identical goods or of the same kind.
WARNING! The seller may not exclude or limit his liability, if he has not revealed the defects that he knew about the property, or that he could not have been unaware of.
25/02/2021
La Webradio de Condolegal.com du 17 février 2021 a traité des ventes de condos existants sans garantie légale, ainsi que des vices cachés en copropriété. Certains copropriétaires pensent qu’en se débarrassant de leur appartement, au moyen d’une vente, ils refileront le problème aux suivants. Mais dans les faits, un recours pour vices cachés…...
25/10/2010
Even after the transfer of ownership, the buyer benefits from several guarantees. Unless otherwise stated, the sale of a building is subject to a basic guarantee, generally called the "legal guarantee". This guarantee exists by the sole effect of the law, that is to say without it being necessary to…...