For a hidden defect, on the other hand, it is, by definition, a defect "that a layman, in other words an uninformed consumer, cannot detect during a simple visit"
Hidden defect
Hidden defect
Two scenarios in the event of a hidden defect:
- The seller is "in good faith" and could not have knowledge of this hidden defect and therefore report it to the future buyer. The defect remains defined as "hidden defect" but the responsibility no longer falls on the seller but on the real estate expert who during his inventory did not detect the problem. The buyer of the property can seek financial compensation from the firm of experts in order to repair the damage.
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- The seller knowingly concealed the defect, and had full knowledge of this hidden defect, for example he camouflaged the defect with a wallpaper or showed the apartment only at times when an acoustic disturbance did not occur . The seller is then declared guilty of having concealed defects (guilty of "bad faith), leaving the buyer the possibility of canceling the sale or lowering the price of the sale. In addition, the seller will be fully responsible for the new notary fees generated by this procedure.
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