Buy an apartment that seemed peaceful during visits and then discover, once installed, that it is invaded by noise pollution. Neighborhood noise, night establishments at the bottom of the building, faulty insulation: these situations, far from being marginal, can quickly transform a real estate project into source of daily stress.
Faced with this type of disappointment, a question often arises from buyers: is it possible to cancel the sale? In reality, the answer is far from obvious. “Once the sale has been signed, the cancellation remains quite complicated to obtain”immediately warns Céline Auboin, notary in Villefranche-de-Lauragais (Haute-Garonne). Everything then depends on the circumstances, the behavior of the seller… and above all the proof that the buyer is able to provide.
Noise pollution: in which cases can a real estate sale be canceled?
In practice, the pure and simple cancellation of a real estate sale remains exceptional. It generally involves prove fraudthat is to say a desire on the part of the seller to voluntarily conceal decisive information. “Immediate cancellation is especially in the event of maneuvers by the seller to prevent the buyer from knowing that there was a problem”explains the notary. We then speak of fraudulent reluctance. In this case, the buyer can request the nullity of the contract on the basis of article 1130 of the Civil Code, which provides that the error caused by fraud renders the consent invalid. But these situations remain rare. “ The judges do not go very far in this direction. The goal of real estate law is to avoid the cancellation of the sale as much as possible.specifies Céline Auboin
Hidden defect: more frequent compensation than cancellation
The other legal lever often mentioned is that of hidden defect, framed by article 1641 of the Civil Code. But again, it does not systematically lead to cancellation of the sale. “Hidden defects do not necessarily result in cancellation, we most often receive compensation”underlines the notary. Concretely, the buyer can obtain financial compensation, or even a reduction in the price (article 1644 of the Civil Code), rather than a return to the initial situation. Everything will depend on the severity of the nuisance. “The trouble must be repetitive, excessive, and that it really makes the accommodation difficult to live in »she summarizes.
Also note an often overlooked point: during a real estate sale between individuals, the non-professional seller is in principle exempt from the guarantee of hidden defects. This means that the purchaser cannot automatically be held liable in the event of a defect discovered after purchase. The only exception is based on proof of bad faith on the part of the seller. If the latter was aware of the defect and voluntarily chose to conceal it, the exemption can then be called into question.
All noises do not allow recourse
A key point: not all noise nuisances are punished. The judge relies on an essential notion, that of abnormal neighborhood disturbance. “We will look at the concrete situation: did the noise already exist? Is it abnormal compared to the neighborhood? And what is the real harm to the buyer? “, explains Céline Auboin. For example, living above a bar in a busy neighborhood or buying in an urban area implies a certain level of nuisance that is difficult to subsequently contest. Conversely, an unmarked nightclub or particularly noisy equipment can pose a problem.
Sound insulation: specific rules for new buildings
In some cases, the noise issue is not a matter of the neighborhood, but of the construction itself. For new housing sold off-plan, developers are subject to strict obligations. The developer is therefore required to respect the acoustic standards provided for by the Construction and Housing Code (in particular articles R.111-4 et seq.). “ There is a legal guarantee: if the sound insulation is not compliant, the developer must correct the problem”recalls the notary. This guarantee is part of the guarantee of perfect completion (article 1792-6 of the Civil Code), applicable during the first year following receipt of the property. On the other hand, in old buildings, even renovated ones, these requirements are much more limited, which reduces possible recourse.
The determining role of the seller and the notary
In these matters, transparency is essential. According to article 1112-1 of the Civil Code, the seller must transmit all information determining the buyer’s consent. “If the seller knew of the problem and did not indicate it, he can be condemned”explains Céline Auboin. But this knowledge still needs to be proven. The notary also plays a key role. “The notary must ensure that the seller has given all the useful information. Its liability may even be engaged if he knew the problem and didn’t mention it”she specifies. Today, sales deeds increasingly include clauses aimed at certifying that the purchaser is aware of the environment of the property.
The key question: the evidence
As is often the case in litigation, everything depends on the evidence. “It is not enough to say that there is noise, it must be demonstrated”insists Céline Auboin. Buyers must put together a solid file: report from a court commissioner (ex-bailiff), testimonies, even acoustic measurements. “ The observation remains the most convincing elementbut it all depends on the nature of the disorder”she specifies.
Faced with these risks, the best strategy remains prevention. Visiting at different times of the day, observing the neighborhood, interacting with neighbors are all essential reflexes. “ You really need to take the time to look around before buying. », advises the notary. Because once the sale is signed, going back is possible but rarely simple.
