Reference decision: Court of Cassation • No. 08-12.920 • 2009-10-07 • View the decision →
This decision provides important clarification on your property law. Here is how it affects you.
The situation
Having held that the presence of asbestos in the building constituted a latent defect, a court of appeal was entitled, in order to dismiss the third-party claim brought against the technical inspector by the seller ordered to pay the buyer the costs of reinstating the building, to infer the absence of a causal link between the fault of the inspector, who had failed in its duties, and the presence of asbestos in the building, for which only the seller-owner was liable under the warranty against latent defects
What the law says
This decision confirms the fundamental principles of property law.
Key points to remember
- Strictly observe the statutory time limits for bringing legal proceedings
- Keep all your supporting documents (title deeds, deeds, correspondence)
- Be proactive: 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.
→ Prendre RDV pour une consultation droit du travail |
→ Browse all our legal articles
