Reference judgment: cc • N° 16-18.087 • 2017-06-29 • Consult the decision →
This decision provides important insight into your property law. Here is what it changes for you.
The situation
Having rightly held that, in his capacity as the last operator of the car repair garage previously operated by his father, the seller of the property could not have been unaware of the defects affecting the premises, and that the existence of underground tanks which had turned out to be leaking was only revealed to the purchaser after the sale, the Court of Appeal correctly deduced that he could not rely on the clause excluding warranty for latent defects.
What the law says
This decision confirms the fundamental principles of property law.
Points to note
- Strictly observe the legal time limits for appeals
- Keep all your supporting documents (deeds, instruments, correspondence)
- Anticipate: preventive advice always costs less than litigation
For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.
📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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