Latent defects: sanibroyeur (macerator toilet) not disclosed in the preliminary sale agreement

Buying a property is often the largest investment of a lifetime. When a buyer discovers after completion that a sanibroyeur (macerator toilet) was installed without being mentioned in the preliminary sale agreement (compromis de vente), the question arises whether this omission amounts to a latent defect (vice caché) giving rise to a remedy. The issue of an undeclared macerator toilet raises significant legal questions, between the seller's disclosure obligations and the buyer's rights.

Latent defect and macerator toilet: understanding the legal characterisation

What is a macerator toilet and why does it matter?

A macerator toilet is a specific item of sanitary equipment that grinds and discharges waste water. It is installed where a traditional connection to the main drains is not possible. Its installation considerably alters the original drainage system of the dwelling and may reduce the value of the property.

This type of installation has several drawbacks of which every buyer should be aware:

• It requires regular and costly maintenance
• It can break down and require frequent repairs
• It makes noise when operating
• It consumes electricity, unlike conventional drainage
• It comes with restrictions on use (certain products may not be flushed)

The seller's obligation to declare a macerator toilet in the preliminary agreement

The seller of a property must inform the buyer of all the important characteristics of the property. This legal obligation covers matters that may influence the decision to buy or the value of the property. The relationship between the seller's pre-contractual duty of disclosure and fraudulent concealment (réticence dolosive) is analysed in our article on neighbourhood nuisances not disclosed by the seller.

Failing to mention the presence of a macerator toilet in the preliminary sale agreement may constitute a fault on the part of the seller. This information is regarded as decisive because it:

• Alters the conditions in which the property can be used
• Generates additional costs for the buyer
• May reveal more significant drainage problems

Practical advice: If you discover an undeclared macerator toilet, gather all the sale documents immediately and consult a real estate lawyer to assess your remedies within the two-year period under Article 1648 of the French Civil Code.

Remedies for latent defects: conditions and practical steps

The criteria for recognising a latent defect in the case of a macerator toilet

For an undeclared macerator toilet to constitute a latent defect, several conditions must be met:

1. The defect must pre-date the sale The macerator toilet must have been installed before the sale deed was signed. If you discover that it was installed by the previous owners, this condition is met.

2. The defect must be latent A macerator toilet may be regarded as latent if:

• It is not visible during the viewing (installed in a closed cupboard)
• Its existence is not mentioned in the sale documents
• The seller did not mention it spontaneously

3. The defect must be serious Seriousness is assessed by reference to the impact on the use of the property and on its value. A macerator toilet may be regarded as serious if:

• It reveals structural drainage problems
• It causes significant nuisance (noise, frequent breakdowns)
• It significantly reduces the value of the property

What practical remedies are available to the buyer?

If the conditions of a latent defect are met, you have several options:

Rescission of the sale You may seek cancellation of the sale in full and recover your money. This option is suitable where the macerator toilet reveals major drainage problems that make the property unfit for its intended use. The choice open to the buyer between these two actions is presented in general terms in our guide to the definition of latent defects and the buyer's rights.

Reduction of the sale price You may keep the property and seek a reduction in the price proportionate to the loss suffered. This option is often preferred where the macerator toilet works but imposes unforeseen constraints.

Beware of time limits: You must act within 2 years of discovering the latent defect. After that period, your remedies are lost. The starting point of this period and its interaction with the long-stop period are examined in our analysis of Articles 1641 to 1649 of the French Civil Code.

Practical advice for acting effectively

How can the latent defect be proved?

To build a solid case, gather the following:

• The original sale documents (preliminary agreement and final deed)
• Photographs of the macerator toilet and its installation
• A quotation for replacement with a conventional drainage system
• A plumber's opinion on the condition of the installation and the need for it
• Maintenance or repair invoices, if you have already incurred any

The recommended steps for your claim

1. Formal notice to the seller (mise en demeure) Send the seller a registered letter informing them of the discovery of the macerator toilet and of your intentions. No provision requires this formal notice before bringing a claim under the warranty against latent defects: it does not interrupt the two-year period under Article 1648 of the French Civil Code, which runs from discovery of the defect. For certain claims, however, Article 750-1 of the French Code of Civil Procedure requires, on pain of inadmissibility, a prior attempt at conciliation, mediation or participatory procedure; you should check whether the dispute is subject to it.

2. Attempt at an amicable settlement Propose an amicable solution (partial reimbursement, payment of the cost of installing a conventional system). This avoids the cost and delay of proceedings.

3. Court proceedings if necessary If negotiation fails, bring the matter before the competent court with the assistance of a lawyer.

Document all your exchanges with the seller meticulously and keep all supporting documents. This evidence will be essential in any court proceedings.

Prevention: how to avoid this type of problem

For future buyers, these are the essential checks to carry out:

• Visit all sanitary areas and check the drainage systems
• Ask the seller direct questions about specific installations
• Ask for invoices for recent works
• Require a full diagnostic report on the sanitary installations
• Call on a building expert in case of doubt

The discovery of an undeclared macerator toilet may constitute a latent defect giving rise to significant remedies. However, the success of your claim will depend on your ability to prove that the legal conditions are met and on how promptly you act within the applicable time limits. Do not hesitate to be assisted by a real estate law professional to maximise your chances of success.