The warranty is not owed by the seller

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

The situation

The seller is not liable under the warranty when the buyer was aware, at the time of sale, of the undisclosed encumbrances. Consequently, a Court of Appeal that finds that the beneficiary of a unilateral promise to sell was aware of the non-apparent easements affecting the property when he exercised the option without reservation may infer that he wrongfully refused to sign the authentic deed of sale.

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 appeals
• Keep all your supporting documents (title deeds, instruments, correspondence)
• Anticipate: preventive advice always costs less than litigation

For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.