The law protects the seller who did not know. It does not protect the one who keeps quiet.
Yes, you can sell a house in poor condition without doing any work, and a private seller can exclude the hidden defects warranty through a clause in the deed of sale (article 1643 of the French Civil Code). The clause only protects a seller acting in good faith: it falls away if the seller knew about the defect, did the work in question themselves, or if a mandatory survey is missing. An heir who never lived in the house is therefore often well protected, provided they disclose what they know.
What the law says
The seller guarantees the buyer against hidden defects that make the house unfit for its use, or that would have led the buyer not to buy or to pay less (article 1641 of the Civil Code). The seller is not liable for apparent defects, which the buyer could see during viewings (article 1642). A visibly leaking roof, cracks in the façade or a sagging floor are therefore not hidden defects.
Above all, article 1643 allows a seller who was unaware of the defect to stipulate that they will not be bound by any warranty. This is the hidden defects exclusion clause, found in most sales between private individuals; the notary drafts it.
When the clause no longer protects you
The clause only works for a seller acting in good faith. There are three situations:
An heir discovering the house, an owner who never noticed anything: the clause applies.
Written into the deed, the defect is no longer hidden: the buyer buys knowingly.
A known defect kept quiet, or work you did yourself that caused the defect: the clause has no effect.
On this last point, the Cour de cassation is consistent: a seller who carried out the work that caused the defect is treated as a professional, deemed to know about it (3rd civil chamber, 19 October 2023, no. 22-15.536). A professional property seller cannot hide behind the clause either.
Also watch what the clause does not cover. On 13 February 2025 (no. 23-17.636), the Cour de cassation held that a clause excluding apparent and hidden defects did not prevent the buyer from acting over an undeclared easement, in this case a wastewater pipe running under the house. Everything you know about the land (rights of way, pipes, agreements with a neighbour) must appear in the deed.
A defect declared in the deed is no longer a hidden defect.
The case of heirs
An heir who never lived in the house is often unaware of its defects: they are exactly in the situation article 1643 provides for, and the clause protects them. Unless they have learned something: water damage mentioned in the deceased's papers, a roof-timber quote found in a drawer, a claim made to the insurer. This information must be passed on to the buyer. Keeping quiet exposes the seller to an action for concealment (fraudulent non-disclosure), against which no clause offers protection.
An example, presented as such: three siblings sell their mother's house in the Médoc, closed for two years. While clearing it, they find an invoice for termite treatment dated 2009. They hand it to the notary, who attaches it to the deed: the buyer cannot claim it was hidden from them.
A missing survey removes the protection. If a mandatory survey (asbestos, termites, gas, electricity, sanitation…) is missing or no longer valid on the day of the deed, the seller cannot exclude the corresponding hidden defects warranty (article L. 271-4 of the Construction and Housing Code).
The surveys to provide for a run-down house
The condition of the house does not exempt you from any survey. Depending on the case, the file includes: the energy performance certificate (DPE), the energy audit if the house is rated E, F or G, lead (built before 1949), asbestos (permit issued before 1 July 1997), electricity and gas (installations over fifteen years old), non-collective sanitation, termites in the areas concerned and the risk report. These documents also protect the seller: a defect described in a survey is no longer hidden.
How long can the buyer take action?
The buyer has two years from discovering the defect (article 1648 of the Civil Code), and cannot act more than twenty years after the sale (Cour de cassation, mixed chamber, 21 July 2023).
Worked example: the timeline of risk after the sale
Fictional case. A house is sold on 15 March 2027; the buyer discovers water seeping into the basement on 10 January 2029.
| Starting point of the time limit | the discovery, on 10 January 2029 |
| Time to take action | two years |
| Action possible until | 10 January 2031 |
| Absolute limit, whatever the defect | 15 March 2047 |
If the seller was unaware of the seepage and the deed contains the clause, the action has little chance of succeeding.
Selling a house “in original condition” at the right price
A house to renovate does sell, provided you target the right buyers: families ready to renovate, tradespeople, investors, neighbours wanting more space. They deduct from the price what they imagine they will have to spend; a complete file (surveys, plans, invoices, honest photos) stops them overestimating that cost out of caution. For more serious cases, see how to sell a house under a safety order; if the heirs disagree, what can be done when one of them refuses to sell.
Our approach
We work on houses to renovate, closed up or inherited, from La Rochelle to the Basque Country. We review the condition of the property and the documents to gather with you, together with your notary, then target the buyers for this type of house, at market price. See our page selling a property that is hard to sell.
Frequently asked questions
Can you sell a house in poor condition without doing any work?
Yes. No rule requires you to renovate a house before selling it: you just need to provide the mandatory surveys and say honestly what you know about its condition.
Does the hidden defects exclusion clause really protect the seller?
Yes, if the seller acts in good faith. It falls away if the seller knew about the defect, carried out the work in question, is a professional, or if the corresponding survey is missing.
Is an heir who never lived in the house liable for its defects?
They owe the warranty like any seller, but the exclusion clause protects them if they were unaware of the defect. They must, however, disclose what they have learned: invoices, insurance claims, work done.
Which surveys are needed for a badly run-down house?
The same as for any house: DPE, energy audit if it is rated E, F or G, and depending on its age and location lead, asbestos, electricity, gas, sanitation, termites and the risk report.
How long can the buyer take action against the seller?
Two years from discovering the defect, and at the latest twenty years after the sale.
Sounds like your property?
Tell us about it: we look at your case with you, with no commitment.
Get a free opinionRead next
