Breaches his duty to advise

Application pratique:

Under this case law, the estate agent breached his duty to advise by failing to check the planning certificate and subdivision specifications before sending the letter. Claire should have requested these documents before signing the preliminary contract (compromis de vente). She can now claim damages from the agent for the loss, such as the extra cost of building in masonry instead of timber. She should keep the agent's letter, all emails, and the subdivision rules, and contact a French property lawyer.

Application pratique:

The agent's failure to consult the planning certificate and subdivision specifications before advertising constitutes a breach of the duty to advise. Marc should have required the agent to produce these documents before marketing. He can now seek indemnity from the agent for the lost sale and additional costs, as the agent's negligence caused the misrepresentation. Marc should preserve all marketing materials and correspondence to support his claim.

Application pratique:

This case law shows that the agent's duty to advise includes actively consulting planning certificates and subdivision documents, not just sending generic assurances. Sophie should have demanded written confirmation based on the actual documents. She can hold the agent liable for the wasted architect's fees and any other costs, as the agent's failure to check the rules directly caused her loss. She should gather the agent's email, the subdivision rules, and proof of expenses.