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In their capacity as a professional,
Droit Foncier

In their capacity as a professional,

📅 Decision of 07 January 1982🔄 Updated on 6 October 2026⚖️ Cour de cassation👁️ 14 views📖 2 min read

In their capacity as a professional, the estate agent has a duty to inform the parties by verifying, through obtaining planning certificates, the easements affecting the properties they are instructed to sell. The judgment which finds that, through their professional negligence, an estate agent prevented the completion of a sale and made it impossible for the seller to acquire another property, both agreements having been concluded subject to the condition precedent of the absence of easements arising from the development plan, may order that estate agent to indemnify the seller against the harmful consequences resulting from their sole fault.

Reference decision: cc • N° 80-14.443 • 1982-01-07 • View the decision →

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

The situation

In their capacity as a professional, the estate agent has a duty to inform the parties by verifying, through obtaining planning certificates, the easements affecting the properties they are instructed to sell. The judgment which finds that, through their professional negligence, an estate agent prevented the completion of a sale and made it impossible for the seller to acquire another property, both agreements having been concluded subject to the condition precedent of the absence of easements arising from the development plan, may order that estate agent to indemnify the seller against the harmful consequences resulting from their sole fault.

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 bringing an appeal
  • 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: 80-14.443
  • Court: Cour de cassation
  • Decision of: 07 January 1982

Keywords

droit immobilierjurisprudencefoncier
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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