Purchaser remedies for latent defects in building? | ScriptaLegal
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Frequently asked questions > Real estate > Pre-purchase steps > What remedies does the purchaser have against the seller if the building is affected by latent defects?

What remedies does the purchaser have against the seller if the building is affected by latent defects?

When the latent defect has been denounced in writing by the purchaser and when the time limit indicated in the notice of denunciation has elapsed without the seller having reacted to this written denunciation, the purchaser has certain remedies against the delinquent seller.

The purchaser will so be able to:

  • ask for the compulsory execution in nature of the warranty of quality - that is to say that the seller has the defects repaired at his expenses;
  • require the resolution (annulment) of the deed of sale, which implies to return the immovable property to the seller and recover the amount paid;
  • choose instead the reduction of the price paid, which will be established by the court, according to the proof of the importance of the latent defect.

If the seller knew the existence of the latent defect (or could not ignore it) and did not tell it to the purchaser, the purchaser can, in addition to the resolution (annulment) of the deed of sale or the reduction of the sale price, ask for a compensation for the damage suffered. He can then ask, for example, the reimbursement of moving expenses, the replacement expenses, the hotel expenses during the works, the expenses for the stress undergone and the inconveniences experienced, the expertise fees, etc.

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