Selling your luxury property privately
Selling without an agency changes your legal exposure — in a way that can work in your favor, provided you know the rules precisely.
A non-professional seller status that has its own rules
Selling without an intermediary does not change your basic obligations — diagnostics, informing the buyer — but modifies one specific and often ignored point: your status as a non-professional seller gives you a right that a seller commercially represented in the same way does not systematically have: the possibility of inserting a clause excluding the warranty against hidden defects in the deed of sale.
The clause excluding liability for hidden defects
Article 1643 of the French Civil Code allows the seller to stipulate that they "will not be bound by any warranty" concerning hidden defects in the property—under one strict condition: this clause is only valid if the seller is a non-professional and acting in good faith. In a sale between private individuals, this clause is therefore commonly included in the deed, under the heading "condition of the property": the buyer takes ownership as is, without any subsequent recourse for an undisclosed hidden defect.
Be aware of the drawback: this clause becomes ineffective if the seller was aware of the defect before the sale. For example, the Court of Cassation rejected this protection in a case where the seller had carried out work that caused a problem which the structural damage insurance refused to cover – bad faith invalidates the clause, regardless of its wording.
The technical diagnostic report, without exception
Article L271-4 of the French Construction and Housing Code requires the seller—whether a professional or not—to include with the deed of sale a complete description of the property's condition: Energy Performance Certificate (EPC), asbestos, lead, electricity, gas, termites, and risk assessment. Failing this, the seller remains liable for hidden defects, even if they have included an exclusion clause—the absence of these reports automatically voids the intended protection.
The rules are the same whether the sale goes through an agency or not: there is no exemption related to the absence of a professional intermediary.
Two years from the discovery of the defect, without exceeding twenty years from the sale (art. 1648 and 2232 of the Civil Code).
This must be validated by the notary in charge of the deed — an imprecise or overly broad wording may be reclassified and lose its protective effect.
For a prestigious old property, accurately documenting the history of work carried out remains the best protection against a subsequent dispute in good faith.
Why this point matters more on an older property
On a property of character—a castle, manor house, or country house—the age of the building mechanically increases the risk of hidden defects: framework, utilities, foundations. A properly drafted disclaimer of warranty, supported by comprehensive assessments, protects the private seller from a disproportionate risk of litigation relative to their actual knowledge of the property—provided, of course, that they act in good faith and conceal nothing known.
Involve a notary from the very beginning of the sale preparation process
Selling privately doesn't mean navigating the legal aspects alone: the notary remains the key contact for ensuring the clause is properly drafted, verifying the completeness of the diagnostic reports, and guaranteeing that the sale is legally sound. Seeking their assistance from the initial stages of preparing the sales file—rather than at the time of signing—helps avoid last-minute discoveries that can delay or jeopardize the transaction.
Publish and secure your sale
Sell directly, securely
Showcase your unique property to a qualified clientele, without agency commission.
🏠 Private owners
Sell your property directly, without agency fees. Properties accepted from €600,000.
Publish my property📊 Estimate before selling
Get an accurate valuation of your property before setting your selling price.
Request an opinion