{"id":64911,"date":"2025-05-04T17:36:01","date_gmt":"2025-05-04T15:36:01","guid":{"rendered":"https:\/\/www.cecile-zakine.fr\/?page_id=64911"},"modified":"2025-06-25T16:43:46","modified_gmt":"2025-06-25T14:43:46","slug":"piscine-non-declaree-5-actions-en-cas-dachat","status":"publish","type":"page","link":"https:\/\/www.cecile-zakine.fr\/en\/piscine-non-declaree-5-actions-en-cas-dachat\/","title":{"rendered":"Undeclared swimming pool discovered after signing the compromise: 5 essential legal actions to protect yourself"},"content":{"rendered":"
[et_pb_section fb_built= \u00bb1\u2033 _builder_version= \u00bb4.27.4\u2033 _module_preset= \u00bbdefault \u00bb global_colors_info= \u00bb{} \u00bb][et_pb_row _builder_version= \u00bb4.27.4\u2033 _module_preset= \u00bbdefault \u00bb global_colors_info= \u00bb{} \u00bb][et_pb_column type= \u00bb4_4\u2033 _builder_version= \u00bb4.27.4\u2033 _module_preset= \u00bbdefault \u00bb global_colors_info= \u00bb{} \u00bb][et_pb_text _builder_version= \u00bb4.27.4\u2033 _module_preset= \u00bbdefault \u00bb global_colors_info= \u00bb{} \u00bb]<\/p>\n
You have just experienced every property buyer's nightmare.<\/strong> : 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<\/strong> \u2013 a fraudulent maneuver aimed at trapping you in a transaction with potentially disastrous legal, fiscal and urban planning consequences.<\/p>\n The Civil Code is clear: a seller has a legal obligation to inform you of all the essential features<\/strong> of the good you buy. A An undeclared swimming pool is not just an unimportant administrative omission \u2013 it is a ticking time bomb<\/a> which can lead to:<\/p>\n 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<\/strong> which vitiates your consent.<\/p>\n The immediate reaction is to send a formal notice to the seller<\/a>. This legal document, ideally drafted by a specialised lawyer<\/a>, must :<\/p>\n This formal notice must be sent in registered letter with acknowledgment of receipt<\/strong>, 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.<\/p>\n Faced with a seller who refuses to admit his fault, legal action becomes inevitable<\/strong>You have two procedural options:<\/p>\n To win your case, you will need to establish four fundamental elements:<\/p>\n A favorable judgment will result in the complete nullity of the compromise<\/strong>, freeing you from any commitment without penalty.<\/p>\n Simply cancelling the compromise is not always enough to repair all of your damages. civil liability action<\/strong> parallel can aim at:<\/p>\n This process allows you to claim substantial damages<\/strong> covering:<\/p>\n The Cabinet Zakine<\/strong>, 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 property law<\/a>, construction law or notarial liability.<\/p>\n Even with strong legal arguments, litigation is not always the most effective route. amicable settlement negotiated by an experienced lawyer<\/strong> may prove faster and just as satisfying.<\/p>\n This strategic approach consists of:<\/p>\n Many disputes are resolved by signing a settlement agreement protocol<\/strong> which saves you months of procedure while preserving your rights<\/a>This mediation approach, far from being a sign of weakness, strengthens your position by demonstrating your good faith if litigation becomes inevitable.<\/p>\n The absolute imperative<\/strong> : 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.<\/p>\n Even if your notary presses you to respect the deadlines, know that he cannot legally compel you<\/strong> to sign while a dispute is pending regarding the validity of the compromise. It is therefore crucial to:<\/p>\n 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.<\/p>\nConcealment of an undeclared swimming pool: a clear defect of consent<\/h2>\n
\n
5 Strategic Legal Actions to Legally Disengage Yourself<\/h2>\n
1. Put the seller on notice \u2013 The first counterattack<\/h3>\n
\n
2. Taking legal action for nullity \u2013 The legal offensive<\/h3>\n
\n
\n
3. Prosecute those responsible \u2013 The civil liability strategy<\/h3>\n
\n
\n
4. Explore amicable avenues \u2013 The negotiated resolution tactic<\/h3>\n
\n
5. Block the signing of the authentic deed \u2013 The ultimate line of defense<\/h3>\n
\n
Determined legal action to defend your rights<\/h2>\n