Aller au contenu principal
Concealment by a client
Droit Immobilier

Concealment by a client

📅 Decision of 13 November 1997🔄 Updated on 17 October 2026⚖️ Cour de cassation👁️ 35 views📖 1 min read

Concealment by a client does not preclude the notary from being ordered to indemnify him in part, in view of the professional fault committed by the latter.

Reference decision: cc • No. 95-20.123 • 13 November 1997 • Consult the decision →

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

The situation

Concealment by a client does not preclude the notary from being ordered to indemnify him in part, in view of the professional fault committed by the latter.

What the law says

This decision confirms the fundamental principles of property law.

Points to remember

  • Scrupulously observe the statutory time limits for seeking redress
  • Keep all your supporting documents (title deeds, instruments, letters)
  • Anticipate: 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.
→ Prendre RDV pour une consultation droit du travail  |  → Browse all our legal articles

Legal information

  • Number: 95-20.123
  • Court: Cour de cassation
  • Decision of: 13 November 1997

Keywords

droit immobilierjurisprudenceimmobilier

Practical use cases

1

First-time buyer discovers hidden damp after purchase

In Lyon, a first-time buyer purchases a flat for €250,000. Eight months later, severe damp and mould appear, causing €30,000 in repairs. The seller had concealed the issue, and the notary failed to check for mandatory diagnostic reports.

Practical application:

Under the 1997 ruling, a notary’s professional fault can lead to partial liability even if the client concealed something. Here, the notary should have insisted on the diagnostics. You can claim damages from the notary for the repair costs. Gather all purchase documents and diagnostic records, then consult a property lawyer within five years of discovering the defect to initiate a claim.

2

Landlord loses investment property to pre-emption right

A landlord in Marseille buys a building for €500,000, planning to rent out flats. Six months later, the municipality exercises a pre-emption right that the seller had hidden, forcing a sale back to the council. The notary had not verified the right or informed the buyer.

Practical application:

The 1997 case confirms that a notary’s failure to verify pre-emption risks can amount to a professional fault, even if the seller was fraudulent. You may recover part of your losses (e.g., legal fees, lost rental income) from the notary. Immediately notify your notary of the issue, gather all sale documents and correspondence, and seek legal advice to pursue a claim within the applicable time limits.

3

Co-owner loses cellar due to notary’s title error

During a property split in Paris, a co-owner pays an extra €15,000 for what was described as a private cellar. Later, the syndicate of co-owners reveals the cellar was common property. The seller concealed this, and the notary failed to check the co-ownership by-laws.

Practical application:

The 1997 ruling establishes that a notary who neglects to verify title documents commits a fault, even if the client contributed to the error. You can claim partial compensation from the notary for the amount paid and related expenses. Collect the deed, co-ownership rules, and proof of payment, then promptly consult a solicitor to file an indemnity claim before the five-year prescription period expires.

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.

Book an appointment →

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.

★★★★★4.9/5 — Google Reviews

Does this affect you?

Consult Maître Zakine — lawyer, Doctor of Law. Fast, clear answer.

Book a consultation →

🔒 Confidential · No obligation

📬 Get legal updates

One legal analysis per week, straight to your inbox. Free, no spam.

🔒 1-click unsubscribe · GDPR compliant

★★★★★4.9/5 — Avis Google

Maître Zakine, Doctor of Law

Phone and video consultations available — Fast appointments

Book an appointment
First consultation 30 minutes — €45

🔒 Confidentiel • Sans engagement • Réponse rapide