Jurisprudence immobilière

Practical application:

This 1973 Cour de cassation ruling establishes that when two professionals of the same trade agree a sale 'at the buyer's risk', the buyer cannot fall back on the seller's guarantee against hidden defects unless fraud is proven. Before signing, professional buyers should either refuse such a clause or have the goods inspected by an independent mechanic, since the clause will be enforced as written. If a defect emerges, the buyer should gather evidence of any fraud or deliberate concealment by the seller, as this is the only route left to claim compensation; without proof of fraud, the repair cost stays with the buyer.

Practical application:

Following this same-specialism precedent, a professional buyer who accepted an 'at own risk' clause from a fellow professional cannot invoke the seller's guarantee for hidden defects absent proven fraud. The developer should have arranged a technical survey of the reclaimed materials before purchase, particularly for timber, given the clause shifts risk entirely onto the buyer. Going forward, professionals in this position should negotiate a partial guarantee or insist on visible test cuts/inspection reports at the point of sale rather than relying on legal recourse afterwards.

Practical application:

Because both parties operate in the same professional field and expressly agreed the sale was at the buyer's risk, this case law confirms the buyer cannot rely on the standard guarantee against hidden defects unless deliberate fraud by the seller is shown. The buying agency should check the vehicle's maintenance records and get a pre-purchase inspection before finalising such deals in future, rather than assuming a guarantee applies. If fraud is suspected (e.g. a concealed history of the same fault), the agency must document it (repair invoices, prior owner statements) before pursuing any claim, since the clause otherwise bars recovery.