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Must be quashed for contradiction of
Droit Immobilier

Must be quashed for contradiction of

📅 Decision of 19 August 2026🔄 Updated on 18 October 2026⚖️ Cour de cassation👁️ 20 views📖 2 min read

Must be quashed for contradictory reasons the judgment which, on the one hand, notes that a lack of soundproofing gave rise to complaints by the purchasers to a property company before handover and, on the other hand, states that it constitutes a latent defect revealed by the judicial expert report after handover.

Reference decision: Court of Cassation • No. 76-13.913 • 1978-03-15 • View the decision →

This decision provides important insight into your property law. Here is what it changes for you.

The situation

Must be quashed for contradictory reasons the judgment which, on the one hand, notes that a lack of soundproofing gave rise to complaints by the purchasers to a property company before handover and, on the other hand, states that it constitutes a latent defect revealed by the judicial expert report after handover.

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 legal action
  • Keep all your supporting documents (title deeds, deeds, correspondence)
  • Plan ahead: preventive advice always costs less than litigation

For an analysis of your situation: 30-min 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: 76-13.913
  • Court: Cour de cassation

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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