Please enable JS

PURCHASER OF A CONDO – What you should know

01 février/Nathalie Hamet/Articles juridiques

Did you know that the purchaser of a condo / commonhold flat has a warranty on the private area as mentioned in the sale deed? 

This law is better known as the “Carrez law warranty” (Garantie Loi Carrez, improving the protection of purchasers of condominium lots, No. 96-1107 dated 18 December 1996)

This law requires the seller of a lot (or a fraction of a lot) to mention the private area in all documents relating to the sale, i.e. the promissory of sale and the notarial deed.

If the private area is measured after the sale and shows to  be 5% less than mentioned, the purchaser can claim a proportional reduction in the price, namely a partial reimbursement of the purchase price.

Calculating the private area is strictly regulated in order to exclude all the non habitable parts such as the area occupied by walls, partitions, stairs and stairwells, ducts, doorways and windows as well as parts lower than 1.80 m², basements, garages, parking lots. There are also some differences in the calculation according to the nature of the parts. For example, the area occupied by the source of hot water production is excluded from the private area.

If the area is not provided at all in the deed of sale, the purchaser may bring an action for annulment of the deed of sale. Be careful, this legal action must be taken within one month from the date of signature.

If the actual area of ??the property is more than 5% lesser than that indicated in the deed of sale, the purchaser may, within a period of one year from the signing of the act, request a price reduction proportional to the area provided.

On the other hand, no additional price is to be paid if the area is greater than that provided in the act.