Alaris Avocats, specialists in real estate law, aims to enlighten its clients on a crucial aspect of property acquisition: the hidden defects warranty and the significance of the deadline to act.
When purchasing a property, the discovery of hidden defects can be a major concern. These defects, not apparent at the time of purchase, can affect the property’s use or significantly decrease its value. Fortunately, French law provides protection for the buyer through the hidden defects warranty.
What is the prescription period in France?
Contrary to common belief, the two-year period to act on the hidden defects warranty according to Art. 1648 Code Civil is not a forfeiture deadline but a prescription period. This detail is crucial: the prescription can be interrupted, thus offering more flexibility to the aggrieved buyer (Cass. 3e civ. 15-2-2024 n° 22-20.065 F-D).
An interruption can occur, for example, through a request for a judicial expertise. The countdown of the period will resume only from the day the expertise report is filed. This nuance ensures that the buyer’s rights are not unjustly restricted by rigid deadlines.
A revealing case
To illustrate, consider the example of a house sold with a non-apparent cavity at the time of purchase. The buyer, upon discovering the defect, requested a judicial expertise. Even though this expertise took time, the process interrupted the prescription period. Thus, the subsequent action for the warranty of hidden defects is admissible, contrary to an initial rejection decision based on forfeiture.
The importance of legal support
This legal framework demonstrates the importance of being well advised when purchasing real estate and when discovering hidden defects. Alaris Avocats is at your disposal to assist you in these processes, ensuring your rights are protected. Our expertise in this area is your best insurance against the uncertainties of property acquisition.
Do not hesitate to contact us for any questions or for personalized support.