Rory Ramsden – Luxury French Property Finder & Buyer's Agent in south west France
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Notaire Must Make All Enquries

A notaire must make all enquries because it is their responsibility. This includes a verification of key assertions that is made by the seller. A French court has ruled this. There was a case that recently went to the French Supreme Court that was about a couple that sold a house with a clause that said they were not responsible for any hidden defects in the property.

Key Takeaways:

  • As the notaires in France hold a monopoly of all conveyancing acts, buyers and sellers are obliged to proceed through them to undertake the legal formalities.
  • It is a matter for the buyer to decide whether they are prepared to accept such a clause
  • The clause can only be upheld by the courts if the seller acted in good faith; that is to say, they are not aware of any major hidden defects at the time of the sale

“A notaire has a responsibility to make all appropriate enquiries, including verification of key assertions made by the seller, a French court has ruled.”

About the Author Rory

Rory Ramsden is a French property finder and buyer's agent working for high net worth private clients wishing to buy a chateau, manor or vineyard in the south west of France. He has lived in France for 8 years after spending time travelling the world on business.

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