Buyer Beware: Purchasing Property in France “As is”

By Jay Corless, edited by Adrian Leeds

If you’re considering buying property in France, congratulations—you’re about to embark on an exciting (and occasionally nerve-wracking) journey! But before you pop the champagne, let’s have a little heart-to-heart about one of the most important aspects of purchasing real estate here: buying “vente en l’état” or “as is.”

Recently, Maître Carole Vangioni, a distinguished French notaire with whom we work closely, shared a comprehensive memo detailing the ins and outs of this critical legal principle. Her expert insights provide the foundation for what we’re about to share with you, so consider this your simplified, Adrian Leeds Group walkthrough of her critical message.

Under French law, when you buy a property, you buy it exactly how you see it. Chipped paint? Creaky floorboards? Quirky plumbing? It’s all part of the package, darling. The “as is” clause is embedded in the preliminary sales agreement and the final deed. In plain English: once you’ve signed on the dotted line, you get what you see—no do-overs, no asking the seller for a handyman’s visit post-purchase.

Now, that doesn’t mean the seller can pull a fast one. They are obligated to provide you with all the mandatory diagnostic reports (think: asbestos, termites, electricity, energy efficiency…you get the picture) and to disclose any known defects in good faith. But the key word here is “known.” It’s your job to do a thorough inspection—what the French call a “visite approfondie”—before committing.

THE FINAL VISIT: YOUR BEST FRIEND

Before the ink dries on that final deed, you’ll want to conduct a final property walkthrough. Check everything—the water heater, windows, appliances, and those peculiar cracks you thought might be “charming.” If something looks off, speak up immediately to your agent or the seller. This is the moment to negotiate a “reserve” in the contract.

And remember: your notaire (even one as wonderful as Maître Vangioni) doesn’t check the roof, the pipes, or the basement. Their job is to secure the legality of the transaction, not to act as your inspector. When in doubt, bring in a professional—an inspector, plumber, electrician—someone who knows where to look (and where the skeletons might be hidden).

BUT, WHAT ABOUT HIDDEN DEFECTS?

Ah, “vice caché”—the phrase that sends shivers down a buyer’s spine. A hidden defect is a flaw you couldn’t have reasonably detected during your inspection that renders the property unfit for its intended use. Think crumbling foundations hidden under fresh drywall, not a squeaky door hinge.

If you discover a hidden defect post-purchase, you might be able to take legal action. However, don’t expect this to be an easy or cheap ride. You’ll need serious proof: expert reports, formal documentation, perhaps even a “huissier’s” (bailiff’s) report. And yes, a good litigation lawyer. Lawsuits are costly and slow in France, so it’s always smarter to avoid them unless necessary.

“Marchands de biens” (professional sellers) are presumed to know their properties inside and out. They can’t wiggle out of responsibility for hidden defects. On the other hand, private sellers often include a clause in the contract waiving their liability—unless you can prove they acted in bad faith.

THE LEGAL MAZE OF HIDDEN DEFECTS

To even consider invoking the hidden “garantie des vices cachés” (defect warranty), the issue must check a few essential legal boxes:

1. The buyer did not know about the defect at the time of the sale
2. The defect wasn’t apparent or visible upon regular inspection
3. The issue makes the property significantly less usable or unfit
4. The defect existed at the time of the sale (not something that developed later)

To prove all this? You’ll need more than just a strong opinion. You’ll need professional estimates, technical documentation, expert assessments, and likely legal counsel. And even if you have all of that, an amicable resolution is always the recommended first step. Court battles are for the desperate.

STEPS TO TAKE IF YOU SUSPECT A HIDDEN DEFECT

Should you find yourself in this unfortunate situation:

1. Document everything. Take dated photographs, gather expert opinions, and get written repair estimates
2. Notify the seller in writing, ideally via registered mail or with the help of a huissier
3. Consider a formal constat d’huissier to document the problem officially
4. Begin the process of negotiation before launching a lawsuit

And please, don’t go this route alone. Work with a seasoned real estate attorney who can guide you through this daunting and expensive process.

MORAL OF THE STORY? INSPECT, INSPECT, INSPECT!

We can’t stress this enough: your best defense is a careful, eyes-wide-open inspection before you buy. Hire the right experts. Take your time. Ask questions. Take nothing for granted.

I made the mistake myself and learned the hard way. The apartment I purchased in Nice in 2011 had a “sanibroyeur” (macerating) toilet, non-disclosed and not at all obvious to me, much less several plumbers who weren’t able to detect it, either! (Talk about hidden!) The deed mentioned no toilet at all, something both the seller’s and the buyer’s (my) notaire missed completely. The seller’s notaire was either in cahoots with the seller, or incompetent. My notaire was incompetent (not Maître Vangioni!), not to have noticed that. And I admit, neither did I.

The toilet was discovered during renovation. It uses small 40mm pipes and is not connected to a sewage line. This is illegal and normally must pass inspection and approval by the Syndic (building managing agent) and homeowner association. It had not. The seller clearly had lied about all of it.

I immediately began a lawsuit against the seller, who was a marchand de bien. He knew exactly what he was doing, because the property would have sold for about one-third less than the big price I paid if it had been disclosed. I spent eight years in legal process and won the case, then won the appeal, too, but by the time all this happened, the marchand de bien had shut down all activity leaving no money with which to pay me for the damages. What I was left with was a sanibroyeur and a lot of legal fees, not to mention the cost of repairs. All this added insult to injury, plus a big financial loss.

Worse than all that, my downstairs neighbor decided it would be fun to sue me to install a real toilet. I’m not sure why, since I want the toilet way more than he does, but he’s a lawyer, and it costs him nothing to harass his American neighbor! He also has a lot of power in the building and the others all follow his lead.

Here’s the caveat: there are two ways to plumb the toilet so that it uses proper sewage pipes. 1) down the stairwell affecting no one’s personal property and 2) under my next-door neighbor’s bedroom floor. And this is where it gets really tricky. The building voted not to allow use of the stairwell, at his lead, but my next-door neighbor refuses to give permission to go under their apartment floor! I’m between a rock and a hard place to get this resolved, now in another legal action dating back to 2017! The real conflict is not with me, but between the two neighbors who each refuse to give in to the other!

I just write checks to lawyers and it all turns in circles with no resolve. Trust me, I am trying every angle in the book to resolve this…to no avail…just yet.

The good news is that the toilet works just fine. The bad news is that with the lawsuit in play, a sale of the property is impossible and the market value is not what it should be. I’ve learned my lesson…but it was the hard way. Now, every deed we process specifies if the toilets are real or not! I refuse to let this happen to any of our clients!

Buying a property in France is a beautiful adventure—a dream—but it’s not without its pitfalls. A little extra vigilance today could save you a mountain of grief tomorrow. And if you’re ever in doubt, don’t hesitate to reach out—there’s no reason your French property story shouldn’t have a très happy ending. You can bet that we’re watching every step along the way to prevent anything like this happen to any of you.

A bientôt and Happy Labor Day!,