12 LAWYER MONTHLY NOVEMBER 2024 Hidden Defects In France, properties are typically sold “as is,” unless otherwise negotiated. If the vendor is a private individual and not a real estate professional, they may not be liable for hidden defects. For the buyer to hold the vendor accountable, they would need to prove intentional concealment of those defects in a French court. Conversely, if the vendor is a real estate professional (marchand de biens), they cannot evade responsibility for hidden defects, even if they were unaware of them. This makes it imperative for buyers to conduct thorough inspections during property visits and before the legal ten-day cooling-off period expires. Identifying any issues early allows for negotiations regarding price reductions or commitments from the vendor to rectify problems prior to completion. Once the cooling-off period has passed, it may be too late to address any concerns, so diligence during this phase is crucial. By remaining vigilant and informed about these potential pitfalls, buyers can navigate the French real estate market more effectively and protect their investment from unexpected challenges. Selling Real Estate in France How does selling real estate in France differ from purchasing it? What should sellers expect in terms of legal processes and documentation? Selling real estate in France involves a distinct set of responsibilities and legal processes compared to purchasing property. Here are some key differences and what sellers should anticipate: Financial Responsibilities In France, the buyer is typically responsible for paying the Notaire’s fees as well as the associated stamp duty. This
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