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Droit Immobilier

The property trader, seller

📅 Decision of 03 January 1984🔄 Updated on 17 October 2026⚖️ Cour de cassation👁️ 26 views📖 1 min read

The property trader, a professional seller, cannot rely on an exclusion of warranty clause.

Reference decision: cc • No. 81-14.326 • 1984-01-03 • Consult the decision →

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

The situation

The property trader, a professional seller, cannot rely on an exclusion of warranty clause.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

Strictly comply with statutory time limits for appeals
Keep all your supporting documents (title deeds, instruments, correspondence)
Anticipate: preventive advice always costs less than litigation

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📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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Legal information

Number: 81-14.326
Court: Cour de cassation
Decision of: 03 January 1984

Source

Read the full decision →

Keywords

droit immobilierjurisprudenceimmobilier

Practical use cases

First-time buyer discovers hidden defect in new Lyon flat

A first-time buyer purchases a newly built flat in Lyon from a property developer for €250,000. Six months after moving in, severe water leaks appear due to flawed waterproofing, costing an estimated €15,000 to repair.

Practical application:

As the seller is a professional developer, any clause excluding the statutory warranty against hidden defects (vice caché) is invalid under this case law. The buyer should immediately notify the developer in writing with evidence (photos, expert report), and if necessary, file a claim in the local court within two years of discovering the defect.

Landlord fights exclusion clause for mouldy rental in Bordeaux

An investor buys a renovated apartment in Bordeaux for €180,000 from a property trading company to let it out. After the tenant reports persistent mould, an inspection reveals improper ventilation installed during the renovation, costing €8,000 to fix.

Practical application:

Despite the sale contract containing an 'as is' exclusion clause, the professional seller cannot rely on it to avoid liability for hidden defects. The landlord should gather all relevant documents (purchase contract, building survey, correspondence) and seek legal advice to demand repairs or damages, acting promptly within the two-year limitation period from defect discovery.

Co-owners challenge builder over defective roof in Nice

In a small condominium in Nice, the top-floor flat was renovated and sold by a builder. A year later, the syndic discovers that the roof insulation was substandard, causing heat loss and dampness, with repair quotes around €20,000.

Practical application:

The builder, being a professional seller, cannot enforce a no-warranty clause regarding hidden defects that affect the common roof. The co-owners' association (syndic) must formally notify the builder, keep all technical reports, and initiate legal proceedings within the legal timeframe to claim the cost of remedying the defect.

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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