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Having rightly held that in his
Droit Immobilier

Having rightly held that in his

📅 Decision of 29 June 2017🔄 Updated on 4 October 2026⚖️ Cour de cassation👁️ 22 views📖 2 min read

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.

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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Legal information

  • Number: 16-18.087
  • Court: Cour de cassation
  • Decision of: 29 June 2017

Keywords

droit immobilierjurisprudenceimmobilier
Maître Cécile Zakine

About the author

Maître Cécile Zakine — Lawyer at the Alpes-Maritimes Bar, Doctor of Law. Every article in this magazine is based on the analysis of a real court decision, commented and put into perspective by Maître Zakine’s team.

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Disclaimer: The analysis presented on this site is for informational purposes only and does not constitute personalised legal advice. For advice tailored to your situation, contact a qualified lawyer.

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