PROPERTY SALE: LIABILITY OF THE VENDOR FOR CONCEALING A WATER LEAK WITH A FLOORCLOTH

Liability of the concealing seller

Under the terms of Article 1641 of the Civil Code " The seller is liable for any hidden defects in the item sold that render it unfit for its intended use, or that impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he or she been aware of them." 

Mr. and Mrs. H., the purchasers, alleged on this basis two hidden defects :

-The first relates to the location of the property in a flood zone,

-The second was the discovery of major works that were necessary,

for a total of 16,000 euros.

The sellers replied that the defects alleged by the purchasers were known to them on the day of the sale.

The deed of sale stipulates that " The purchaser takes the property in the condition in which it is on the day he or she takes possession of it, without recourse against the seller for any reason whatsoever, in particular because of apparent or hidden defects. With regard to hidden defects, it is specified that this exemption from the guarantee does not apply:

-if the seller is a real estate professional or is deemed to be or has behaved as such,

-if it is proven by the purchaser within the legal time limits that the hidden defects were in fact known to the seller. "

As far as the property's location in a flood zone is concerned, the alleged defect is therefore covered by the numerous stipulations mentioned above. It was never concealed by the vendors.

With regard to the works, it should be noted that :

- traces of seepage affecting the false floor in the kitchen and bathroom. These were due to the rising water table referred to in the contract documents. These traces were therefore visible to all and not hidden,

- that the presence of asbestos in the roof is the result of a diagnosis carried out on 30 July 2015, which was appended to the notarial deeds and the terms of which were reproduced in part in the deeds themselves, and that the asbestos removal work gave rise to negotiation of the sale price, as evidenced by the messages exchanged between the parties.

However, Mr and Mrs L. did not deny that an unrepaired water leak after the meter had been concealed. And, this by a mop. They are therefore not contesting their obligation to pay compensation.

The court therefore limited the seller's warranty on the basis of latent defects to the sum. And that to the sum of EUR 534.83 corresponding to the amount of this invoice.

Nîmes Court of Appeal, 2nd Civil Division, Section A, 17 December 2020, RG no. 18/04141

Liability of the concealing seller