In the sale of a property, the seller has an obligation to inform the buyer about the state of the property with regard to asbestos, lead, electrical installations, etc.... This obligation to provide information means that technical surveys must be produced as soon as the agreement is signed, otherwise the seller cannot be exempted from the guarantee against hidden defects.
However, sometimes the parties are in a hurry to sign the compromis even though the diagnostics have not been carried out. One solution is to sign a provisional sale agreement subject to the suspensive condition that the diagnostics provided do not reveal the presence of asbestos in the case of asbestos diagnostics, no defects in the case of electrical diagnostics, no lead in the case of lead diagnostics, etc.
Such a condition weakens the agreement, because it is not uncommon to have a building with diagnostics indicating defects. In this case, it should be stipulated that the condition will be deemed to have been fulfilled if the seller carries out the necessary work to correct the defects revealed.
In practice, however, the parties are strongly advised to wait for the diagnostics to be completed before signing the preliminary contract. A suspensive condition of this kind would cast too muchuncertainty over the outcome of the sale. All too often, diagnostics highlight defects, particularly in older buildings, which could jeopardise the buyer's commitment.