Can we sell a house without a diagnosis?
- The usefulness of real estate diagnostics :
The law imposes a number of conditions on sellers in order to protect future buyers. The real estate diagnostics are expertises carried out by certified professionals, their objective is to determine the state of a property put up for sale.
The results of these appraisals will influence the amount of the real estate transaction.
Technical diagnostics can vary depending on the nature of the property for sale.
It is impossible to carry out a sale without a real estate diagnosis, it is alegal device that aims to limit disputes or requests for renegotiation of the sale price.
However, some diagnostics are mandatory, others less so, and some are not mandatory at all.
The real estate diagnostics are grouped in the DDT, this technical diagnostic file is attached to the sales contract.
Mandatory real estate diagnostics
In the list of the compulsory real estate diagnoses, we can quote:
- The state of the non-collective sanitation installation
- The Energy Performance Diagnostic
- The Lead Risk or Exposure Report
- Asbestos diagnosis
- Electricity and gas diagnosis
- Termite diagnosis and merule diagnosis
- The ERP report
- ENSA diagnosis of airborne noise pollution
- Carrez law metering diagnosis
Here is the list of real estate diagnostics that are not mandatory:
- Radon diagnosis
- Fire diagnosis
- The Internet diagnosis
- Legionellosis diagnosis
- Swimming pool diagnosis
The duration of validity of mandatory real estate diagnostics
The diagnosis of the state of the non collective sanitation installation is valid for 3 years. The report specifies whether or not your facility has malfunctions and/or risks to health or the environment.
The ECD (diagnosis of energy performance) has a validity of 10 years. It allows you to estimate the energy consumption and greenhouse gas emission rates of your home.
The CREP (report of risk of exposure to lead) is valid for 1 year if the lead present has concentrations higher than 1 mg/cm², and it is unlimited if no lead is detected or if the concentration is lower than 1 mg/cm². It is a document that gives information on the presence of lead in housing.
The asbestos diagnosis is also unlimited if it was performed after 2013. It allows to search without destroying anything the presence of asbestos in partitions, walls, floors, false ceilings, pipes, etc.
Both electricity and gasdiagnostics are valid for 3 years. The electricity diagnosis allows us to check if the dwelling has no unsuitable or obsolete appliances and if the electrical system is in conformity. And gas diagnostics enable you to check the state of repair and operation of an apartment's internal gas system. apartment or a house in Collioure .
The termite and merule diagnostics consist in detecting their presence in the real estate concerned by a prefectural decree during a real estate sale. In terms of validity, the termite and merule diagnoses must have been carried out up to 6 months before the signature of the promise to sell.
The ERP report (report of the state of risks and pollution) has a validity of 6 months. This report is intended to inform buyers about the natural, mining, technological, seismic, radon and soil pollution risks to which the property could be exposed.
The ENSA diagnosis (airborne sound nuisance report) has a validity date of 6 months. This document informs the future buyer or tenant of the existence of airborne noise pollution.
The Diagnosis of the Carrez law is valid as long as no work is done on the property in question. It makes it possible to determine the exact living space of the property put up for sale.
- Risks in case of lack of diagnostics:
If you are a property owner and you wish to sell your property, certain diagnostics are mandatory. Certified professionals are responsible for carrying out the diagnostics.
If during the selling process, some diagnoses are missing or expired, the notary has the possibility to stop the transaction.
The technical diagnostic file must be complete and up to date. Please note that the notary can ask you to carry out additional diagnostics if the situation requires it.
In the event of an error in the diagnostics, the buyer can demand a reduction in the price or even cancellation of the sale.
Hidden defects may entitle the buyer to a refund if the deed of sale has already been signed.
Indeed, some reports allow to determine the potential of a property, but also to determine the potential work to be done.
Real estate diagnostics allow future buyers to know the property from every angle.
Here are the risks involved:
- Cancellation of the sale
- Price reduction
- Making the premises compliant
- Carrying out additional diagnostics
However, if the certified diagnostician commits a fault in the realization of his diagnosis, his responsibility is engaged. In fact, the diagnostician's responsibility is engaged when the diagnosis has not been carried out in accordance with the standards and the rules laid down.
Within the framework of a sale, the seller must provide various documents that establish the expertise on the condition of the property. In order for the sale to take place before a notary, it is therefore necessary to provide an up-to-date technical diagnosis file.