Invalid sale of a house in France due to undisclosed visible defects.
The role of a real estate agent during a sale is to "act as an intermediary between the buyer and the seller," says the Mynotary website. This includes "encouraging the seller to provide all necessary information, as well as informing the buyer about all the details of the property during viewings."Important point:The role of a real estate agent is to act as an intermediary between the buyer and the seller.
How much useful information should the seller provide?
The agent must encourage the seller to provide all the necessary information about the property.
What property details should be disclosed to the buyer during a viewing?
The agent should also inform the buyer about all the details of the property during the viewings.
Important point:Real estate defects, both obvious and hidden, should be highlighted as part of the real estate agent's responsibilities.Real estate agents who do not highlight defects may face deal cancellations or a decrease in the sale price within two years. They may also be required to pay compensation or face penalties.
Precedent in France
The Supreme Court of France ruled in favor of the buyer in a case involving the sale of a house in northern France.
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The agent, who claimed that the defects in the property were obvious and did not require special attention, was obligated to point out these defects to the buyer, even if they were clearly visible. The transaction was annulled, and the agent was required to compensate the buyer.Important point:In some cases, the responsibility for property defects lies with the sellers and experts, not the buyers.
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