Rights in France regarding humidity and woodworms in a new house

In June, we bought a house. Before the viewing, I asked the owner and the real estate agent if there was any dampness or woodworms. They denied it, and I have written confirmation. They also denied any issues during the visits. We ordered an inspection, which found woodworms and a problem with dampness/condensation due to poor ventilation in both attics. If we had known about this in advance, we would not have bought this house.

The owner did not conduct a pest inspection as part of the diagnosis. The agent and the notary did not mention this and said that there was no need for a termite report in this area. Now I am considering reaching out to an independent notary.

Based on your words and the fact that you have an email in which the agent and/or owner claim that there are no termites or moisture in the house, and more importantly that a termite diagnosis was not provided when in this neighborhood it is mandatory, we believe you have a legitimate basis for a lawsuit against the seller for hidden defects.

For such an action to yield results, the defect must be serious - which is likely the case since you say you wouldn't have bought the house if you had known about it beforehand - and it must have existed prior to the transaction. However, it shouldn't have been so obvious that it could have been noticed during a standard property inspection.

In the case of moisture, the situation can worsen if the owner tried to cover up the problem by painting over damp spots as a temporary solution. Especially in the case of termites, the seller is considered legally responsible if a defect is discovered that should have been identified in a diagnostic report that was not provided.

An independent notary, as you mentioned, can provide consultation. However, in such disputed cases, it would likely be more effective to consult a lawyer. Notary François Tremoz from the Monassier group in Toulouse said that if the termite inspection was mandatory, then besides the seller, the notary could also come under suspicion, although he stated that it would be "very strange" to forget a mandatory inspection or claim that it is not required when it actually is. He also noted that the price paid for the house should be taken into account, meaning that if the price was low, the court might be less inclined to award compensation or might award a smaller amount. "If that's the case, it should have raised suspicion for the buyer," he said.