Once the deed of sale has been signed by the notary(Sheet 5: The deed of sale), the buyer becomes the owner of the property. He must be assured that no one will challenge or disturb his right of ownership.
If a difficulty arises after the sale, and if a third party claims a right on the property, the seller has the obligation to guarantee the buyer against this trouble. It can be, for example:
- - a tenant with whom the seller has entered into a lease without informing the buyer,
- - someone who considers that he benefits from a right of way on the property,
- - a neighbor who claims that part of his land has been irregularly annexed, and who asks that part of the land be returned to him.
In all these cases, if the buyer was not aware of these risks at the time of the sale, he can be compensated by the seller. He can ask the seller to repair the totality of the damage he has suffered, and in particular :
- - to return the sale price to him,
- - to reimburse him what he is obliged to pay to the person having a right on the property,
- - an indemnity covering the costs he has incurred,
- - damages, especially if the seller had knowledge of the situation and did not disclose it.
Note: this type of situation is very rare in practice, as the professionals involved in the sale carry out the necessary checks.