Incorrect DPE after a property purchase: 5 reflexes to have to assert your rights

Since July 1, 2021, the Energy Performance Diagnosis (EPD) has become binding upon the sale of a property. This means that the information it contains now has contractual value and binds the seller. As a buyer, you can therefore take action against the seller in the event of proven deception regarding the energy performance of the property.

But how should you react if you have doubts about the accuracy of the DPE provided to you at the time of purchase? Here are 5 good reflexes to adopt to assert your rights and not find yourself trapped in a thermal colander.

1. Gather all documents relating to the DPE

The first step is to gather all the documents you were given regarding the Energy Performance Diagnosis: the diagnostician's full report, as well as the work invoices, the technical instructions for the equipment, and the home plans. Carefully check the consistency between these different documents and the information contained in the DPE. Note any discrepancies or inconsistencies.

2. Have a new DPE inspection carried out

To clarify your doubts, it's a good idea to have a second DPE performed by an independent professional diagnostician. Choose a certified company with extensive experience and liability insurance. Make sure you obtain a detailed report that strictly complies with current regulations. If significant discrepancies appear with the initial DPE, you'll have a strong argument for your next steps.

3. Put the seller on formal notice and ask for an explanation

Have you confirmed that the DPE provided by the seller was incorrect? It's time to take action by putting them on formal notice. Send them a registered letter with acknowledgment of receipt requesting an explanation for the inconsistencies you've observed. Demand that they provide you with supporting documentation (invoices, before/after photos, etc.) and commit to carrying out the necessary work to achieve the initially stated energy performance. Set a reasonable response time, such as 15 days.

4. Have your damages assessed by a legal professional

At the same time, contact a real estate lawyer and construction law to explain your situation to him. He will be able to advise you on the best strategy to adopt and precisely quantify the damage suffered : cost of energy renovation work to be planned, compensation for excess energy consumption since you moved in, possible loss of value of the property, loss of enjoyment, etc. If necessary, your council may appoint a legal expert independent to assess the situation objectively via a summary procedure to be sure of the amount.

5. Prioritize an amicable settlement before considering a trial

Once your damages have been assessed, you have two options. Initially, it is generally preferable to pursue an amicable settlement through direct negotiation with the seller or mediation. The goal is to reach a balanced agreement that includes coverage of the DPE correction work and compensation for your various losses, all within a reasonable timeframe. If no common ground can be found, you may still have the option of taking legal action, based on the warranty against hidden defects or fraud. However, a trial can be long and costly, with an uncertain outcome.

As you can see, if you've been the victim of an erroneous DPE (Energy Performance Certificate) when purchasing real estate, it's crucial to act quickly and methodically to assert your rights. By following these five steps and getting help from competent professionals, you'll have every chance of obtaining fair compensation for your loss. This will help transform your acquisition project into a smooth and profitable operation in the long term, despite the pitfalls encountered along the way!