Contractual Guarantees Relating

Application pratique:

The buyer can seek annulment for defective consent even though the contract included specific guarantees about the company's liabilities. He must act within the statutory time limit from discovery (typically 5 years for error/dol). He should immediately gather all correspondence and financial records, and consult a French property lawyer to file a claim before the Lyon Tribunal de Grande Instance.

Application pratique:

The landlord can still sue for annulment based on dol (fraud) or error, as the case law confirms contractual guarantees do not prevent challenging consent. He must prove the seller knew of the defects and remained silent. He should obtain an expert report, send a formal notice (mise en demeure), and initiate legal action within 5 years of discovering the cracks.

Application pratique:

Even if the deed included guarantees about the validity of the vote, the co-owner can seek annulment for defective consent because the sale required his unanimous agreement. He must act promptly – within 5 years from the deed's signature. He should write to the syndic demanding the annulment and, if refused, file a claim with the Paris Tribunal Judiciaire. Retaining a lawyer is essential due to the complexity of copropriété law.