As mentioned earlier there is no French equivalent of a Chartered Surveyor and consequently the onus in on the buyer to verify the state of the property.

Although there is an obligation on the buyer (and any estate agent involved in the sale) to make the purchaser aware of any hidden problems (or "vices cachees" as they are referred to in French), it might be difficult for you to prove that the problem was known about prior to the sale. Given the lack of speed of the French legal system, even with proof you could be facing years of wrangling.

There are 5 main areas of into which any problems are likely to fall:-

(1) Problems with the construction
(2) Problems with planning permissions
(3) Problems with legal disputes
(4) Problems with tenants
(5) Problems with pre-emption

Problems with the construction

Unless you are an experienced builder it would be sensible to find someone who can help you check the quality of the building. This could be a local builder or architect - this may involve a small fee and should provide some peace of mind. Although it does not constitute a guarantee, it would provide some proof that there was not a pre-existing defect, if you later claim on your buildings insurance.

Problems with planning permissions

It is only in the past few years that France has really tightened its planning rules and consequently it is quite common to find illegal building where permission has never been given. Whilst a friendly pastis with the local Maire used to resolve such problems it is now very difficult to obtain a retrospective permission. A trip to the Mairie and to the local DDE is essential to find out if there are any problems with the property you are thinking of buying and it is important to do this before signing any compromis.

Problems with legal disputes 

Perhaps the most difficult of all problems to discover is any unresolved legal disputes concerning the property. Although these remain the liability of the previous owner things become complicated if the previous owner has died, left the country or is destitute and if the problem concerns the property itself then you may be affected by any solution. At the least, your interest will need to be legally represented and at the worst, remedial work may need to be undertaken on your property.

These kind of problems include boundary disputes, rights of way or access, tree/root damage to adjoining property or discharging rainwater into an adjoining property. The closer the neighbours, the more likely the problem so it is often a good idea to try and make contact with the neighbours - you may want to see what they are like in any case. The Mairie will often be involved in such disputes and it is another question which you can put to them.

Problems with tenants

If part, or all, of the property is let then the tenants may have the right to stay in the property and/or to buy the property. If you think there are tenants make sure the owner has taken advice on how to deal with this problem and that you are not going to inherit unwanted tenants on non-negotiable rents.

Problems with pre-emption

There are certain pre-emptive rights regarding the sale of a property and the relevant parties have to be notified before the sale can proceed. Of these it is the Mairie who are most likely to exercise their rights especially if it concerns a property which could be important to the commune. This time, any questions to the Mairie are not likely to yield a very helpful reply since the Mairie cannot pre-empt until the compromis has been signed - if they reveal they intend to pre-empt then no-one would ever make an offer to buy the property and they could never pre-empt - a real Catch 22 situation.