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Having held that the presence of asbestos
Droit Immobilier

Having held that the presence of asbestos

📅 Decision of 07 October 2009🔄 Updated on 7 October 2026⚖️ Cour de cassation👁️ 9 views📖 2 min read

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

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.
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Legal information

  • Number: 08-12.920
  • Court: Cour de cassation
  • Decision of: 07 October 2009

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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