Undeclared swimming pool discovered after signing the compromise: 5 essential legal actions to protect yourself

You have just experienced every property buyer's nightmare. : after signing a sales agreement, you discover that a swimming pool on the land has never been declared or registered. This concealment constitutes a clear fraud – a fraudulent maneuver aimed at trapping you in a transaction with potentially disastrous legal, fiscal and urban planning consequences.

Concealment of an undeclared swimming pool: a clear defect of consent

The Civil Code is clear: a seller has a legal obligation to inform you of all the essential features of the property you are purchasing. An undeclared swimming pool is not just an insignificant administrative omission – it is a ticking time bomb that can lead to:

• From risks of forced demolition
• From retroactive tax adjustments
• From complex and costly regularization procedures
• From administrative sanctions from the municipality

If neither the seller nor the notary informed you of this situation before signing the compromise, you are faced with a clear case of fraudulent withholding of information which vitiates your consent.

5 Strategic Legal Actions to Legally Disengage Yourself

1. Put the seller on notice – The first counterattack

The immediate reaction is to send a formal notice to the seller. This legal document, ideally drawn up by a specialist lawyer, must:

• Explicitly denounce the existence of fraud
• Remind the legal obligation to provide information which was the seller's responsibility
• Demand immediate resolution of the sales agreement

This formal notice must be sent in registered letter with acknowledgment of receipt, with a specific response time. It constitutes the first formal step in your dispute and will serve as proof of your diligence in the procedure.

2. Taking legal action for nullity – The legal offensive

Faced with a seller who refuses to admit his fault, legal action becomes inevitableYou have two procedural options:

• The summary proceedings : ideal if the final signature is imminent, this emergency procedure allows you to quickly obtain a provisional decision
• The action in the background : more complete but longer, it aims to definitively establish the fraud and declare the compromise null and void

To win your case, you will need to establish four fundamental elements:

1. The prior existence of the swimming pool at the time of sale
2. The absence of an official statement of this installation
3. Voluntary concealment of this information
4. The determining character of this information in your purchasing decision

A favorable judgment will result in the complete nullity of the compromise, freeing you from any commitment without penalty.

3. Prosecute those responsible – The civil liability strategy

Simply cancelling the compromise is not always enough to repair all of your damages. civil liability action parallel can aim at:

• The seller : for fraud and failure to comply with its obligation to provide information
• The notary : for failure to fulfill its duty to advise and verify

This process allows you to claim substantial damages covering:

• Real estate agency fees already paid
• Real estate diagnostic fees
• Advanced notary fees
• Moral damage linked to stress and lost time

The Cabinet Zakine, with its strategic locations in Grasse, Bordeaux and Gers, has the national expertise necessary to defend your interests in this type of complex litigation, whether in real estate law, construction law or in matters of notarial liability.

4. Explore amicable avenues – The negotiated resolution tactic

Even with strong legal arguments, litigation is not always the most effective route. amicable settlement negotiated by an experienced lawyer may prove faster and just as satisfying.

This strategic approach consists of:

• Clearly outline legal risks incurred by the seller in the event of a lawsuit
• Propose a quick resolution compromise
• Negotiate full restitution sums advanced
• Obtain additional compensation if necessary

Many disputes are resolved by signing a settlement agreement protocol which allows you to save months of proceedings while preserving your rights. This mediation approach, far from being a sign of weakness, strengthens your position by demonstrating your good faith if litigation becomes inevitable.

5. Block the signing of the authentic deed – The ultimate line of defense

The absolute imperative : Never sign the authentic deed until the dispute is resolved. Once this deed is signed, you become the full owner of the property and all its irregularities, with considerably more complex remedies.

Even if your notary presses you to respect the deadlines, know that he cannot legally compel you to sign while a dispute is pending regarding the validity of the compromise. It is therefore crucial to:

• Formally notify your refusal to regularize the final act
• Officially inform of the procedure initiated
• Hold this position firmly until the dispute is resolved

The support of a specialized lawyer is essential to effectively and legally block the finalization of the sale, while calling into question the liability of the seller and that of the notary who failed in his duty to inform.

Conclusion: Determined legal action to defend your rights

When faced with the concealment of an unregistered swimming pool, you have a comprehensive legal arsenal at your disposal to protect yourself. From the initial formal notice to potential legal action, each step requires method, speed, and determination.

The Cabinet Zakine, with its national expertise in real estate law and notarial litigation, offers you the personalized support essential to assert your rights effectively.