Dealing with health hazards when buying a property in France: Black Mould

Question: How do you deal with potential health hazards when buying a property in France, in particular, black mould?

“The property we have found and wish to make an offer on has an old barn, which is full of old hay, equalling about 200 cubic mts. My main concern is that this hay has turned black and mouldy as it has stood for about 15 years and is now a potential health hazard (Farmers Lung) due to the mould and spores likely to be present on the hay.

The seller doesn’t seem to see the health risk of both handling and disposing of the hay and is reluctant to agree a sale if I put this removal clause in the ‘Offre d’achat’ and ‘Compromis de Vente’ documents. I wish the current owner to agree to dispose of this prior to us exchanging, but would like some advice on how I can ensure this is carried out, and what recourse I have if this is not undertaken. Any advice you could offer would be greatly appreciated, as I’m sure people have experienced this sort of situation before.”

To some extent, it is irrelevant whether the hay is likely to cause a health hazard or not. Clearly it would be a concern on a practical basis: mouldy hay can indeed cause problems. However the legal basis of the question is certainly important, and it is right to look to challenge the seller on this point before you come to sign the contract.

It follows, therefore, that it is also important to ensure that your request for the seller to remove the hay should be included in the ‘Offre d’achat’ (a written offer submitted to the seller). When a seller countersigns a purchase offer, they will be bound to sell to you, provided a contract is drawn up by a specified date. However, if you were not to declare such a specific request in the offer letter but then ask the seller to clear the barn before you sign the contract, they would be able to establish that the main terms would have been changed, and as such, they would not be bound to proceed. So, whether your concern is in relation to a pile of rotting hay or any other point about the property, you should include that requirement in the offer letter.

For the specific point in question, the seller may be trying to resist the request on the basis that they do not want the burden of clearing it away. However, the contract should include a general undertaking by the seller that they will leave the property with vacant possession: that would mean they would be required to clear away not only any furniture but also the hay.
It is certainly realistic to require the seller to remove the hay. Indeed, it would be advisable to insist upon a specific clause imposing that obligation on the seller. While the contract may include a standard condition for vacant possession, whenever there is a particular issue, it is sensible to ensure that it is expressly covered in the contract.

Whether the straw pile is actually a health hazard or not is somewhat immaterial. A contract is supposed to reflect the open agreement between the parties, and if you do not want to take on the hay, then you should look to insist on a specific clause to that effect.

The seller, though, is equally at liberty to refuse the requirement from you. In the end, then, it becomes a question of negotiation. If the seller is not prepared to dispose of it, then you will have to consider whether it is worth you taking the burden of buying the hay as well as the barn or whether you will walk away. You may also want to consider offering a reduced purchase price for the barn to take into account the cost of disposal.

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