It’s a cliche to say that the French usually do things differently from the British. The French change it around and say that the Brits do things in a different way from everyone else. However like all cliches there’s a fundamental truth.

Disclosing problems in a property purchase is a very good example. The fundamental principle in English law is “buyer beware” – in other words, it is up to the buyer to check the character of what he is buying. A vendor isn’t entitled to misrepresent: but if an individual markets “a house” he is not thereby required to tell the customer everything that is wrong with it. It is up to the customer to inspect and discover.

This is the underlying reason for the advisory services surrounding a British property purchase. A surveyor will give you a professional examination designed to uncover any concealed defects. A lawyer will analyze the legal aspects, carry out local queries, raise a long list of queries and summarise the implications. When a purchaser is satisfied he knows everything about the property that there is to know, he’ll feel in a position to move forward.

Vice cache

In France the duty is put on the vendor. The customer is not likely to carry out any serious analysis. The notary will supply him with evidence of title and information on any registered costs and 3rd party rights. But apart from that the vendor must act “in good faith” and to divulge defects in the property. A defect that is deliberately not disclosed by the seller, and which eventually materialises, is referred to as a vice cache or hidden defect. The customer can turn on the vendor after the sale and demand either a decrease in price or a cancellation of the deal.

What type of things are we talking about? Basically, anything that makes the property insufficient for the expected use, or which makes the use so totally different from what was intended that the customer wouldn’t have purchased it, either at the price agreed or at all. This might be something outside the home itself – for example too much noise in the neighbourhood. Or it may be an internal issue, such as a falling wall that the vendor has concealed.

In practice, there’s usually a component of deceit involved if a claim is to work. Buyers are required to undertake a degree of inspection, just like any sensible person would. In addition, the many reports which the seller must provide (termites, asbestos, electrical installations etc.) eliminate legal responsibility as regards matters covered in the reports.

Taking things on trust

A foreign purchaser, bemused by the workings of the French system, not to mention the language, tends to depend on the integrity of the individuals he’s working with. If he is told that the seller needs to tell him of all defects he might be relaxed. But he’d be foolish to depend on it without examination and verification. First, he might not understand what he is told. Secondly, once he has paid out his money he will have to undertake court proceedings in France in order to obtain redress. Thirdly, the vendor might have disappeared over the horizon. Fourthly – well, you get the drift.

Unlike what many French believe, buyers of property in France are not particularly well protected. The notary will advise as well as he can, but he is supervising a transaction rather than taking one side in opposition to the other. The system of liability for hidden defects gives an ex post facto remedy that may be difficult to enforce.

Solutions

It’s all very well indicating a challenge, but what of the answer? Appointing a UK legal adviser experienced in French law may help, but in my experience it tends to complicate the chain of communication and create more misunderstanding than the reverse. I am more in favour of individuals exercising simple good sense. The notary will check title, to ensure that should not be an issue. Getting a survey from a UK-qualified surveyor resident in France should remove any niggles concerning the solidity of the construction. As for other matters, you shouldn’t be bamboozled by estate agents neglecting worries of yours until they have given a reason that you fully understand. And for those who have any serious concern, obtain the response in writing.

The fundamental rule in this as in other major decisions is to ensure you understand what is at risk and take sufficient time to make a sensible decision, without being overinfluenced by emotion or people with other interests in mind.

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