Home Buying: The real estate agent must report the merule, even eradicated, to the buyer
Publié le null - Directorate for Legal and Administrative Information (Prime Minister)
Cet article est ancien
L'information n'est peut-être plus exacte
The purchaser can obtain compensation if he is not informed that the megalograss has been previously eradicated in the house he is buying. This is what the Court of Cassation decided in its judgment of November 14, 2019.
The Court of Appeal had ruled that the real estate agent had committed a mistake by not verifying, by consulting the previous deed of sale, that the house sold had been the subject of an old attack of merule, now eradicated. It had ordered him to compensate the buyer for the damage.
The real estate agent challenged this decision stating that he did not need to do any further research as he was in possession of a recent diagnosis, made by a professional, that did not report the presence of the
house mushroom
.
He also argued that the purchaser had not informed him before the sale of his intention to purchase a property that had never been the subject of a merule attack, even if it was ancient, and completely eradicated.
The Court of Cassation considers that the real estate agent did indeed commit a mistake and confirms the decision of the Court of Appeal.
FYI
the merule also called
house mushroom
is a basidiomycete fungus causing rotting of timber, poorly protected framework.
