The seller's liability in case of defect

1 – Under what conditions can we invoke the implied warranty?

The seller remains liable after the transaction, housing defects that were hidden at the time of sale, when they "make the property unfit for the use it was destined or so impair that use the acquirer n ' would not have made the decision to purchase, or at least not at that price, if he had knowledge "(Article 1641 Civil Code). Conversely, the seller is not liable for defects that were apparent (Article 1642). Case law judge and are latent defects: the presence of termites or asbestos in housing, lack of foundation, the existence of underground quarries generating instability of the frame, the lack of connection to the public drainage wastewater, or noise pollution caused by insufficient thickness of walls.

2 – The seller may be relieved of responsibility?

The seller can clear themselves by inserting in the deed of sale a clause stating that it will not be required to guarantee the buyer in case of defect. These clauses, found in most deeds, are only valid if the seller is a non-professional and is in good faith. Such is the case, for example, a seller who did not know the day of the sale, the presence of mérules (wood-rotting fungi) in the beams of his house, since the diagnostic technique that had commissioned was not one mention.

However, the vendor apparent bad faith can not invoke this clause, for example when he blocked and painted floors and baseboards to conceal the presence of termites, or has done work to conceal cracks affecting the structure of the frame. Attention, even if the seller does not commit any act of concealment, it can be considered in bad faith when it is aware of the defect and that he did not notify the purchaser.

3 – What might the seller in case of discovery of a latent defect?

If the vendor is found liable for hidden defects by the judge, the purchaser has the option, request cancellation of the sale or reduction of its price (sections 1644 and 1646 of the Civil Code). If he chooses the cancellation of the sale, the seller must refund the purchase price and notary fees. If it chooses a price reduction, it is for an expert to determine the amount. The seller in bad faith can also be ordered to pay damages (Article 1645 Civil Code). Attention, the action in warranty against hidden defects must be brought within two years after the discovery of the defect (Article 1648 Civil Code). It is the vendor to prove that the discovery of latent defects occurred more than two years before the introduction of the lawsuit.

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Reunion: the measures announced

 

The price of gas and electricity for low incomes will fall in Reunion, and those of 40 essential commodities will be frozen at least from March 1 through the efforts of local communities, said Friday the prefect, Michel Lalande. A series of measures taken after a round table of five thirty gathering around him the chairmen of local councils, chambers, representatives of consumer associations, oil companies and professional drivers payday loans guaranteed no fax. All participants in the roundtable have finally launched a "solemn appeal" to calm the population.

The temperature drops, sales climb Damart

 

The sudden blizzard that hit on France warms accounts Damart. Sales of underwear Thermolactyl, the fiber's flagship brand, jumped with negative temperatures: + 255% in distance selling and + 155% in-store. This is much better than other products that have received a boost from the cold wave. According Climpact, sales of creams have increased by 86%, while soups recorded an increase of 25%.

At Darmart, we do not shout victory, however. This excellent performance indeed occur after a mild winter, and consequently very bad for business of specialist cold weather. The brand claims to have suffered less Roubaix this winter too lenient than the competition. "February sales have not saved the season, because we can not recover in two weeks what is lost in three months, said Christine Pageot, executive director of Damart France. But however much it helps start the spring season. "

Each degree Celsius worth its weight in gold in the hot underwear. "From late September, the correlation is very strong between temperature and sales of underwear," says Christine Pageot. These flows especially in October and April, the lowest month, where sales have reached only the fifth best month, December.

Two new concepts to shop

Sales are very responsive to temperature: a drop of ten degrees can be doubled. "The weather and the trappings are flocking orders: the windshield of the car he must scratch, the first appearance of gels," says Christine Pageot payday loans for self employed.

The Thermolactyl, invented in 1953, still accounts for one quarter of sales of the brand (350 million euros last year). The fiber was invented street Dammartin Despature by three brothers, a family of clothiers based in Roubaix since 1850.

In a little less than sixty years, the garment house has changed. The plants are parties in Tunisia, the fiber has evolved into a more silky material and odorless, and lace patterns or trends were established.

If the distance selling is still the majority of sales (55%), the 80 stores in France are the subject of much attention. Two new concepts were launched in 2010 and 2011. First the Damart Sport, with a shelf lined underwear adapted to intensive sport or relaxation, fibers made from breathable or more drinks, designed for summer. Then the Happy D., specially dedicated to the senior client. The favorite of the sign, because it buys for the whole family. Five shops offer ready-to-wear in a style more suited to the "new senior". The early returns are positive. But it is too early to take stock: the new shops did not know the summer season. See you next winter

.

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Greek MPs are tightening their belts a little

 

"Kleftes! Thieves! "The insults burst forth in the processions of anti-austerity protesters in the streets of Athens these days. The Greeks win against a political class accused of making no sacrifice while officials have seen their wages blend of 20% and expects the same treatment as private sector employees. MPs in particular are accused of refusing to lower their pay by 10% at the height of the crisis in 2011.

"Until now, politicians have not been transparent about their incomes and citizens suspect that considerable sums are spent for miscellaneous expenses, or that MPs employ family members as assistants," says Nick Malkoutzis a, journalist with the daily Kathimerini.

The Easter bonus deleted

MEPs, however, made a few sacrifices. The 13th and 14th month salaries were eliminated, as in the rest of the civil service in 2010. Last July, the attendance fee paid for participation in a meeting of the 34 parliamentary committees was reduced to 150 euros, against 245 euros before. Premiums Easter, Christmas and holidays have been removed, additional taxes created. These measures have melted the monthly salary of 3375 euros per head on average, according to elected officials.

Parliament said today that the gross monthly salary now stands at 8,221 euros, 4,231 euros after taxes. Are aligned with the highest salaries of public service. In comparison, a French MEP wins 5189.17 euros net. Still, the Greek Parliament plans to spend 34.2 million euros in 2012 for salaries, including bonuses and other compensation. What assure members a sum of 9500 euros per month, plus office and secretarial included.

The difference, ultimately, does not seem huge with the situation before rigor sets. Last December, Parliament has in fact published on its website, for a few days, the tax returns for 2009 of 300 MPs. It was to answer charges of opacity.

Income gaps

Salaries, allowances, current accounts, real estate, and other financial transactions in this document. It shows that in 2009, elected a ten won more than 9,000 euros per month through its sole parliamentary activity. What must be added, for some, a second salary (in Greece, one elected is entitled to retain his original job posting) as well as income potential spouse. Then the gaps widen between the richer members of the assembly (six of them earned more than 33,000 euros per month) and more modest, saying some 2,025 euros monthly income for their household.

"While the debate on the wages of 300 Deputies Greek is symbolic. They represent only three thousandths of the state budget. But the political class has missed the opportunity to cut its own salaries along with those officials, two years ago, analyzing the Greek-Swiss historian Nikolas Bloudanis. It would have been a symbolic gesture extremely important. "Times are changing: this week, for the first time, an elected, Dora Bakoyannis, head of the small liberal party New Democracy (four members), has proposed halving the salaries of parliamentarians .

How much do Greek political leaders

George Papandreou. Photo credits: JOHN KOLESIDIS / REUTERS

All can be rented on the Internet, but at what cost?

 

After the real success of online shopping sites like eBay, PriceMinister, or the Bon Coin, the new trend is for rent on the Net. Many small e-rental sites, as Zilok, Goopes or Consoloc, abounds on the Web, reflecting the popularity of the French for "eat smart", or just how to use a product when it is needed. Today, the market leader and pioneer in France, e-rents, Argus publishes the first charter, based on tens of thousands of locations identified by the site for three years. "The Argus does not set prices, it indicates to users who have no idea of ​​the rental value of their purpose, how it can be rented and how it can bring," said Alexandre Woog, the founder of a start-up incubated with HEC.

So a bike is rented 10 euros per day, a barbecue 8 euros, 5 euros a vacuum cleaner, a hair remover 10 euros, 30 euros a stereo, a battery 45 euros, a snowboard 7 euros, 25 euros a cement mixer, a road car 55 euro, 1 euro a puzzle, etc.. The list is not exhaustive as rental properties are varied and sometimes unusual: there are spy cameras, to strip bars, disco buses, limousines, and even goats to 10 euros per day, to unravel his garden!

The concept of "collaborative consumption"

Woog Alexander, the founder of e-rents, will export its online rental site in Europe.

The loss of triple-A does not interfere with management

 

The downgrade of France by Standard & Poors on January 13 did not have the effect feared. Markets do not collapse, the lending rates did not explode … And executives do not seem affected. According to the latest barometer of Eco-ViaVoice, only 29% of them think that the loss of triple-A will impact their business. Surprising but positive, this result illustrates the gap between the hype and the consequences of lowering "The financial situation of a company, not the triple A which is," says François Miquet-Marty, president of ViaVoice , before adding, however, "this reduction is not confirmed by other agencies, it remains in perspective."

Ineffectiveness of political discourse

Beyond the triple A, the composite index of moral frameworks rose slightly for the second consecutive month at – 48 after – especially in January and 52 – 56 in December, its lowest level since the barometer in 2004. However, for François Miquet-Marty, "it is difficult to talk of improvement, all the remaining indicators, sobering …" For if the frames, as the markets seem less concerned, they are generally pessimistic about the economic activity . For 69% of them, the standard of living in France will deteriorate over the years, where 10% think it will improve, an increase of 5 points. On employment, 82% expect an increase in the number of unemployed.

"At three months of presidential executives do not perceive the candidates' speeches, possible improvement levers on the issue of unemployment," worries Francois Miquet-Marty, noting that "they place little hope in politics. "

About their financial prospects, they remain grim: 41% of executives expect a deterioration of their financial situation in the coming months. Career opportunities remain "weak" for 78% of them. Finally, motivation, stagnant, with 40% of executives reported that their employees are being motivated.

Flat in this context, only a takeoff of the presidential campaign could cause a rise of the honest moral frameworks.

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A few weeks before Christmas, a doll sold by the chain Toys "R" Us "wreaks havoc across the Atlantic to the point that offended parents rushed to the site of the company to request that it be removed at the earliest of the sale. For, they say, the doll that is part of a set of triplets do not babble as usual by spelling his name does not twitters saying hello, do not cry when she feels lonely. No, this doll … jure. And what rough way!

To listen go to a child who takes her in his arms, is believed to actually hear the words crazy bitch (bitch sort of) in his babbling. Enough to jump to the families who let go on the website of the company and called for a boycott!

"Do not buy!"

"Return the dolls, boycott Toys" R "Us, outraged Sue, of Tulsa (Oklahoma, south) on the website of the chain of toys under the picture of the doll."I'm outraged," exclaims also a grandmother of triplets from Boise (Idaho, north-west). "My girls were 2 and a half years, I do not want her to hear such language,".

"Do not buy," recommends his side Danyelle, Fayetteville (North Carolina, South East) who said he checked with six different people that the doll angelic promise indeed.

A spokeswoman for U.S. Toys "R" Us, said the doll is sold in the United States did not swear, and it was only a "babbling." "We will not sell obviously not a doll swear, "said Jennifer Albano, adding that the brand of toys did not intend to withdraw from the sale.

This is not the first time that toys are controversial within days of Christmas.

Change the marriage contract to better protect her husband

Your matrimonial is it still fits your financial situation? Through the acquisitions made during the life, property division rules established by the initial marriage contract may no longer meet the needs of the couple, including the death of one spouse.

The rules of succession are now more protective of the surviving spouse. They guarantee him at his option, the option of retaining the use of all of the assets of the deceased, or to obtain full ownership of one quarter of those assets. The question arises, however, with respect to the principal residence, especially when children are involved. If one spouse wants more protection, it is possible, by gift or by will to assign ownership of property.

The fall of a six-story elevator building in a housing project in Paris on October 27, revived the debate on the safety of these facilities. Work had been made last month on this lift-de-registered by the company Schindler Somatem, responsible for maintenance. Tenants of the building where the accident occurred will file a complaint against Paris-Habitat, owner, announced their partnership "Tenants angry." The social landlord, he has filed a complaint against X. An investigation is underway to determine if it was a defective part of the manufacturer or poor maintenance. Contacted by The Figaro.fr Schindler declined to comment.

France has 520,000 elevators, accessible to 482,500 people. National Park is the most dilapidated of Europe, half of the devices with more than 25 years and a quarter over 40 years, according to the Federation of elevators online cash advance.He points to the installation of variable frequency (a braking system is turned off) on all lifts while he believes that technology is only useful for devices used extensively, is to say in very high buildings or offices, or 20% of the housing.

• New constraints maintenance and troubleshooting

Paul Philippot, managing director of the National Union of property (UNPI), professionals have "staked everything on the renovation, more lucrative than the interview." Robien law has yet mandated a visit technicians every six weeks. "But the elevator companies are understaffed to meet this obligation," said Bruno Dhont.

"The mother of all strikes" paralyze Greece

A country paralyzed, a city under siege. While millions of Greeks are called to go on strike for 48 hours, 10 police squads have erected fences riot around the place of parliament in central Athens. The movement must be "the mother of all strikes," warned Tuesday the leftist daily Ta Nea.

Nearly 20,000 protesters began to march at 9 am Wednesday in the capital to converge to the emblematic Syntagma Square, political heart of the country. In June, violent clashes with security forces had driven the rally.

"We will send a strong message to the government and political system," promised Tsikritas Costas, head of the ADEDY union representing public service. "We believe that the mobilization will be huge." The general strike could indeed be the largest since a long time.Administrations, public transportation, businesses, and even bakers are required to stop work and march against the rigor introduced by the Socialist government.

This is putting pressure on MPs to discuss for three days from Thursday, new austerity measures. The consideration for the payment of the next $ 8 billion euros, as part of the plan of 110 billion granted by the EU and the IMF in spring 2010.

"Blackmail"

Prime Minister George Papandreou has been determined: "All these people who blackmail and take the country hostage, occupying buildings, leaving garbage piled in the streets, closing ports and the Parthenon, must explain how this will help us get back on our feet Payday Loan for Bad Credit. "

He also called for unity."We must continue this war, as a people, as a government, as a caucus to enable the country to win it, he argued. We will win for the country, we will continue. That's why I'm here. "The head of government has a narrow majority of four seats in Parliament.

However, concerns remain on the eve of the vote of austerity on the discipline of PASOK. A member of the Socialist Group has resigned in protest Monday. Two others have threatened to vote against it. A small opposition party could come in and vote for reinforcement.

The new austerity measures, which account for 6.6 billion euros, include reductions in wages and pensions, designed to place laid off 30,000 employees and to establish a single salary scale in the public .The government also wants to lower the threshold of annual taxable income to 5,000 euros.

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