The risk of buying an illegally built house 2/2
When Virginie Eynaud-Riollet decides to attack the two notaries who sold her house without warning her that it had been built illegally, she turned to the Parisian law firm Saint-Adam, a specialist in the civil liability of professionals.Board member Marie-Claude Alexis, partner, accepts the file.
On June 13, 2013, she assigned Me Laidebeur, notary chosen by the former owner, as well as Me Martzloff, notary chosen by Virginie to assist her in the transaction.She accuses them of having failed in their duty of advice and diligence.
Me Alexis believes that it was up to the notaries to inform the young woman of the risks she was taking by buying a house erected without a building permit.
We asked Me Christian Lefebvre, vice-president of the Superior Council of Notaries, what are the risks associated with the purchase of such a house."If it is destroyed, it is not sure that the administration authorizes its reconstruction ”, he replied.This is precisely what happened in the case of Virginie: the prefect of Seine-Maritime did not authorize the reconstruction of the burnt house.
We asked Me Lefebvre if any rule obliges the notary to verify that a house of which he authenticates the sale has a permit.His answer is negative."There are never investigations if the construction has more thirty years, ”he added.What if it is less than thirty years old, which was the case with the Virginia house, built in 1980-1981, and sold in 2004? "It all depends on the circumstances, it is impossible to answer in absolute terms".
Posted Date: 2020-11-15