Obligations towards purchaser of real estate property? | ScriptaLegal
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Frequently asked questions > What are my obligations towards the purchaser of my real estate property?

What are my obligations towards the purchaser of my real estate property?

As seller of a real estate property, you have four obligations towards your purchaser:

  • the seller must deliver the property, that is to say, allow the purchaser to take possession of the immovable property;
  • the seller must deliver to the purchaser all the titles of ownership which he has in his possession as well as the location certificate, if there is one;
  • the seller must guarantee the right of ownership of the house, free of any hypothec (also known as mortgage), encroachment, etc., except for those whom the purchaser is aware of and whom he will accept at the signature of the deed of sale;
  • the seller must finally guarantee the quality of the building sold. It means that he is responsible towards the purchaser of the latent defects of the immovable property which exist at the time of the sale.

The title examination made by the notary within the framework of his mandate will allow the seller and the purchaser to know the situation of the immovable property as for the titles of ownership, hypothecs and servitudes.

An informed and careful purchaser must proceed to an examination and evaluation of the real estate property by a professional in order to protect himself against the risks of latent defects.

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