Reference decision: cc • No. 79-11.366 • 1980-07-01 • View the decision →
This decision sheds important light on your property law rights. Here is what it changes for you.
The situation
The seller is not liable under the warranty when the buyer was aware, at the time of sale, of the undisclosed encumbrances. Consequently, a Court of Appeal that finds that the beneficiary of a unilateral promise to sell was aware of the non-apparent easements affecting the property when he exercised the option without reservation may infer that he wrongfully refused to sign the authentic deed of sale.
What the law says
This decision confirms the fundamental principles of property law.
Key points to remember
- Strictly comply with the statutory time limits for appeals
- Keep all your supporting documents (title 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.
→ Prendre RDV pour une consultation servitudes |
→ Browse all our legal articles
