Question 17145 — housing

Summary

Ms. Lisette Pollet draws the attention of the Keeper of the Seals, Minister of Justice, to the difficulties encountered by many buyers of real estate confronted, after the sale, with the discovery of hidden defects, non-conformities, hidden disorders or inaccurate diagnoses. These situations can place buyers in a particularly difficult situation: cost of work, impossibility of normally occupying the property, need to hire an expert, significant delays in civil proceedings, lawyer costs and uncertainty about the seller's solvency. If civil law in principle offers several avenues of action, in particular on the basis of the guarantee of hidden defects, fraud or contractual liability, these remedies do not always make it possible to provide an effective, rapid and proportionate response to the damage suffered. In some cases, However, the elements discovered after the sale can suggest a real organized cover-up: work deliberately hidden, essential information withheld from the buyer, inaccurate documents or misleading presentation of the real condition of the property. Such situations can appear, in the eyes of the victims, to fraudulent maneuvers, or even to a scam. However, criminal proceedings often remain difficult to mobilize, complaints are frequently dismissed or the facts referred to civil matters only, due to lack of sufficient characterization of the fraudulent intention. She therefore asks what measures the Government intends to take to improve the effective protection of buyers faced with such situations, facilitate the processing of files in which fraudulent concealment appears to be characterized and better articulate the civil and criminal responses when the disorders revealed after the sale do not only arise from a contractual dispute, but appear to be the result of maneuvers intended to deceive the buyer.

Machine translation from French. The official text remains authoritative.

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