Real estate professionals have legal responsibilities

Real estate professionals, including notaries and real estate agents, must ensure that all required diagnostic documents are provided during property sales. These obligations apply to both the seller and the professionals involved in the transaction.

Legal experts stress the importance of diagnostics

Corentin Bloch, a real estate law expert, highlights that notaries and real estate agents are not exempt from liability if diagnostic documents are missing or incorrect. These documents are essential for the validity of a sale and must be included in the preliminary sales agreement.

Required documents include technical diagnostics

The preliminary sales agreement must include various technical diagnostic documents, such as those related to asbestos, lead, termites, gas, electricity, and sanitation. Additionally, the housing information booklet and a sworn statement from the seller regarding land clearing are required for certain properties.

Co-ownership properties require additional documents

For co-ownership properties, additional documents such as the Carrez area of the unit, collective DPE, general technical diagnostic, and structural diagnostic of the building must be included. Information about the co-ownership, including regulations and recent financial details, is also necessary.

Buyers must be informed of property risks

According to court rulings, buyers must be informed of any risks or issues related to the property. Failing to provide this information can lead to liability for both the notary and the real estate agent, especially if the absence of a diagnostic affects the property's legality or value.

Notaries have an increased duty of information

The notary is responsible for ensuring the buyer is fully informed about the consequences of any missing diagnostics. Simply notifying the buyer of the absence is not enough; the notary must explain how this absence could impact the property and its use.

Real estate agents must inform about property defects

Real estate agents must also inform buyers about any defects affecting the property and their potential consequences. For example, the absence of a building permit must be clearly communicated, along with its legal and material implications.

Court rulings on agency liability

In some cases, the Court of Cassation has ruled that real estate agencies are not automatically liable if they rely on the seller’s declarations. However, if the agency fails to verify these declarations or detect errors in diagnostics, it can still be held responsible.

Recent court decisions clarify agency responsibilities

A recent decision by the Court of Cassation in 2023 emphasized that real estate agencies can be held liable if they fail to notice and address errors in diagnostics, such as an incorrect asbestos report, which they should have been able to detect.