Purchaser v. Seller: Non-Disclosure of Preemption Right and Validity of Sale Contract
France (FR)
Synthèse Legislator
Généré par l'IAAn individual, having contracted to purchase a property, terminated the contract alleging that the seller had failed to disclose a right of preemption held by a third party, and sought the return of the deposit paid; the Court of Cassation rejected the appeal, reasoning that the seller's failure to disclose the preemption right did not constitute a fraudulent misrepresentation sufficient to vitiate the consent of the purchaser, as the right of preemption remained a potentiality that did not prevent the conclusion of the sale, and the contract was not rendered voidable by this omission.
Regeste Legislator
Généré par l'IAPurchaser v. Seller: Non-Disclosure of Preemption Right and Validity of Sale Contract: An individual, having contracted to purchase a property, terminated the contract alleging that the seller had failed to disclose a right of preemption held by a third party, and sought the return of the deposit paid; the Court of Cassation rejected the appeal, reasoning that the seller's failure to disclose the preemption right did not constitute a fraudulent misrepresentation sufficient to vitiate the consent of the purchaser, as the right of preemption remained a potentiality that did not prevent the conclusion of the sale, and the contract was not rendered voidable by this omission.