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France ForumLegal and Finan...French Legal Is...Property Diagnostic Tests

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   19/06/2009, 10:02
Corinne Fournier is not online. Last active: 19/06/2009 11:04:07 Corinne Fournier

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Re: Property Diagnostic Tests
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Generally, the diagnostic tests only need to be undertaken (and paid for) once a buyer has been found and would usually be carried out within a period of a few days just prior to the signing of the preliminary binding agreement (compromis or the like).

Thus, the question of the duration of their validity is not usually perceived to be relevant in a French context.

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   19/06/2009, 12:07
Corinne Fournier is not online. Last active: 19/06/2009 11:04:07 Corinne Fournier

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Re: Property Diagnostic Tests
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Just to follow up on my earlier posting, when you have found a buyer (and it not really necessary before that) you will need to provide the various mandatory diagnostic reports prior to the signature of any preliminary agreement, these include

 -         Loi Carrez : statutory calculation of the square metrage of the apartment or house if submitted to the rules of co-ownership : validity = permanent unless you were to have made transformations such as wall removal etc

-         Natural and Technological Risks : validity = 6 months

-         Termites : validity = 6 months

-         Lead in the paintwork for certain older properties  : validity = 1 year if the mandatory report shows the presence of lead and permanent if the report shows no presence of lead.

-         Asbestos: no limitation of time for the validity of the mandatory report.

-         Energy Performance : validity = 10 years

-         Electricity (for electrical installations more than 15 years old) : validity = 3 years

-         Gas (for gas installations more than 15 years old): validity.= 3 years

In general terms, the cost of the full mandatory reports depends essentially on the square metrage of the property and you should always ask for quotes from two or three different agencies.

Please note that these mandatory reports need to be provided before the signature of any preliminary agreement as if not the vendor risks being sued for “action en garantie des vices cachés”.

Corinne - French Notary

 


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   21/06/2009, 10:47
Nick Trollope is not online. Last active: 03/03/2010 20:08:17 Nick Trollope



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Re: Propert Diagnostic Tests
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 Judie wrote:

Hi Lilly,

I've never known a client pull out as a result of the mandatory tests, but I would be very careful about signing your compromis before your purchaser. Are you all signing together with a clause suspensif for his benefit in respect of PP? You will be completely tied to selling to him if you sign first (no cooling off period for the seller). Better he signs before you or you sign together. Then the question of price doesn't come into question. Please email me if you need further clarification.

I have. The French buyer of an English house pulled out when I quoted them 8K€ to fix the english wiring in said house. It had spectacularly "failed" the diagnostic.

 


 

Nick

www.aplaceinfrance.com
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France ForumLegal and Finan...French Legal Is...Property Diagnostic Tests

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