The involvement of a notary whose

Reference decision: cc • N° 85-91.687 • 1986-06-02 • View the decision →

This decision provides important clarification on your property law. Here is what it changes for you.

The situation

The involvement of a notary whose mission is not only to give the parties' agreements legal form and authenticity, but also to enlighten his clients on the consequences of their commitments and to inform them usefully as far as possible is likely to characterise the fraudulent manoeuvre in proceedings for fraud.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

Strictly observe the legal time limits for appeals
Keep all your supporting documents (titles, deeds, correspondence)
Anticipate: 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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Practical use cases

Landlord misled by notary during sale

A landlord in Lyon (Lyon) sold a rental property in 2022 for €250,000. The notary failed to disclose a tenant's right of first refusal, leading to a void sale. The buyer discovered the omission and sued for fraud.

Practical application:

This case law confirms that a notary's silence can constitute fraudulent manoeuvre. The landlord should check if the notary had knowledge of the tenant's rights and failed to inform. If so, the landlord can seek rescission of the sale and damages. Action: gather all correspondence with the notary and consult a real estate lawyer to assess fraud claim.

First-time buyer victim of hidden defects

A first-time buyer in Bordeaux (Bordeaux) purchased a house for €180,000 in 2023. The notary did not mention a past flooding issue known to the seller. After heavy rains, the basement flooded, causing €20,000 damage.

Practical application:

The notary's duty to inform includes disclosing known defects. The buyer can argue the notary's omission was a fraudulent manoeuvre. Action: immediately notify the notary and seller in writing, gather expert reports, and file a claim for hidden defects. The case law supports holding the notary accountable for failing to inform.

Co-owner in dispute over building defects

A co-owner in Paris (Paris) discovered structural cracks in the building's façade in 2024, costing €50,000 in repairs. The syndic's notary had not disclosed a prior expert report on foundation issues during the purchase of the unit in 2021.

Practical application:

The notary's failure to disclose material information can be considered fraudulent. The co-owner can seek contribution from the notary for the repair costs. Action: request the full file from the notary, including any prior reports. If the notary withheld information, initiate legal proceedings for fraud. Keep all documents and consult a lawyer.

The involvement of a notary whose

The situation

What the law says

Key points to remember

Legal information

Source

Keywords

Practical use cases

Landlord misled by notary during sale

First-time buyer victim of hidden defects

Co-owner in dispute over building defects

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Maître Zakine, Doctor of Law