This obligation also includes adverts displayed by private individuals but does not apply to off-plan property sales, writes Guillaume Barlet.
It is interesting to note that if these measures are not followed correctly, the decree does not make any provision for sanctions.
Nevertheless, the buyer or tenant could act against the vendor or landlord on the grounds that the results of the withheld survey would have deterred them from buying or renting although this may be very difficult to prove.
The Fraud department could also act against the vendor or landlord on the grounds of misleading advertising (punished with up to two years imprisonment and up to a €37,500 fine).
In practice, this survey was already a legal requirement but this new measure will prevent any advertising of the property before the survey can be carried out.
As a result, this could delay the moment the property is put on the market. Thus, if the estate agent appoints the expert, it is important to ask when the surveys will be provided.
Appointing both the estate agent and the expert at the same time should prevent any delay.
The requirement for private sellers to advertise their property is less strict than for estate agencies as the private vendor or landlord must solely include the mention 'classe énergie' before the letter A to G.
Please bear in mind that in any case there is no obligation for the vendor or landlord to improve the results of the survey.
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