Since article L125-5 of the environmental code, any seller or real estate agent must provide a Status of risks and pollution (ERP) from the first visit to the property. Because this document is important: “ The ERP is an essential document in a real estate transaction, because it precisely informs the buyer of the risks to which the property is exposed: flood zone, recession of the coastline, shrinkage-swelling of clays or even clearing obligations. Legally, it must be handed over on the first visit, even if, in fact, many buyers only discover it at the time of the preliminary contract », recalls Pierre Lemarchand, co-manager of the Agence l’Adresse de Saint‑Gilles Croix‑de‑Vie.
However, this obligation is still largely ignored. In the majority of transactions, the buyer only becomes aware of it when signing the preliminary contract. Too late, sometimes, to give up calmly or to negotiate. However, if the ERP highlights a major risk (recurring flooding, retreat of the coastline, soil instability, etc.), the law of August 8, 2015 provides for a withdrawal period ten dayswithout justification. In the event of voluntary concealment of a risk, the purchaser may even request the price reduction Or cancellation pure and simple of the sale.
Demand a complete ERP from the first visit
Faced with these challenges, some professionals are fully committed to transparency. “ For our part, we choose to transmit it as far in advance as possible, so that the buyer can buy with full knowledge of the facts. It is also a way of securing the transaction: if a major risk appears late, the buyer can exercise their withdrawal period, or even request the cancellation of the sale in the event of concealed information. », specifies the professional. The ERP must be less than six months and be established using the official form available on Géorisks. It includes the regulatory maps and all the hazards applicable to the property address. This is a legal obligation that you can request from the first visit. In the absence of a document, be extra careful: a reluctant seller may want to hide a flood zone or a known risk. If it is submitted too late or if it is incomplete, liability may be incurred.
Complete your checks: town hall, maps, toponymy
Even a compliant ERP does not exempt additional research. A visit to the town planning department allows you to check risk prevention plans, easements, even local disaster history. The Georisks site provides a detailed vision of natural, mining or coastal hazards. Also pay attention to the names of the localities: “la Source”, “les Carrières”, “le Moulin” or “les Prés” can reveal a sensitive hydrological or geological past. Cross-reference this information allows you to anticipate unpleasant surprises.
What recourse in the event of a hidden risk?
If the seller or agent provided an incomplete ERP or intentionally concealed a risk, several remedies exist. The buyer can invoke the lack of consent to obtain a reduction in the price or the cancellation of the sale before the judge. If the ERP reveals a prohibitive risk late, the legal withdrawal period of ten days fully applies. In the event of proven concealment, the seller may be held liable, as well as that of the agent required to provide information. “ We therefore have no interest in delaying this transparency, as it would waste time for all parties and weaken the sale. », assures Pierre Lemarchand. Hence the importance of request the document early and check it carefully.
