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It is the duty of the legal adviser,
Droit Immobilier

It is the duty of the legal adviser,

📅 Decision of 25 July 2026🔄 Updated on 18 October 2026⚖️ Cour de cassation👁️ 9 views📖 2 min read

It is the duty of the legal adviser, who drafted a private agreement for the sale of a building under construction, to advise his client, the purchaser, who is not experienced in property transactions, about the risks that the contract entailed for the latter, who under that contract had no guarantee of repayment of sums paid in the event of the developer's failure to complete the building.

Reference decision: Cass. • No. 75-14.198 • 1977-01-17 • Consult the decision →

This decision sheds important light on your property law. Here is what it changes for you.

The situation

It is the duty of the legal adviser, who drafted a private agreement for the sale of a building under construction, to advise his client, the purchaser, who is not experienced in property transactions, about the risks that the contract entailed for the latter, who under that contract had no guarantee of repayment of sums paid in the event of the developer's failure to complete the building.

What the law says

This decision confirms the fundamental principles of property law.

Key takeaways

  • Strictly comply with the legal time limits for appeals
  • Keep all your supporting documents (deeds, contracts, correspondence)
  • Plan ahead: 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: 75-14.198
  • 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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