- The obligation to inform the seller of real estate
- The obligation to deliver the seller of real estate
- The compliance obligation of the seller of real estate
- The obligation of guarantee of the seller of real estate
You are about to sell your property and you are wondering about your responsibility towards the buyer. Know that as a seller, you are subject to a number of legal obligations.
The obligation to inform the seller of real estate
In absolute terms, you are obliged to inform the purchaser about all matters relating to the housing you are selling to him. For example, you must inform him about a mortgage, the existence of a servitude, and so on.
The obligation to deliver the seller of real estate
The obligation of delivery commits you to have released the housing on the day of the signing of the final deed of sale. This means that no more personal business should be in the premises: the buyer must be able to move in the state in the housing. But the obligation of delivery also commits you to deliver to the seller all official documents and information inherent to the property.
The compliance obligation of the seller of real estate
The obligation of conformity You agree to deliver the accommodation to the purchaser in the state in which it is described in the deed of sale. You therefore have a duty of supervision vis-à-vis the property and you must keep it in its initial state.
In addition, the obligation of conformity implies that you must specify the exact area of the dwelling so the calculation is established according to the Carrez Law, if you sell a property in co-ownership.
The obligation of guarantee of the seller of real estate
As a seller you must provide certain guarantees to the buyer:
- You have the obligation to have technical diagnosesThese diagnoses must be carried out at your expense and concern in particular the presence of termites, asbestos or lead, the energy performance of housing, the state of gas and electricity installations, etc.
- The guarantee against eviction: Article 1625 of the Civil Code states that the seller must guarantee the buyer "the peaceful possession of the thing sold". In other words, you must not be the origin of any action that could limit the right of ownership of the purchaser, and you are also responsible for any disputes that may be issued against the rights of the buyer.
- The warranty against hidden defectsA hidden defect is a serious defect discovered by the purchaser after the sale but which existed before the sale, and renders the housing unsuitable for its purpose. This anomaly may be denounced by the purchaser within 6 to 12 months after its discovery.