Real Estate Agent Liability for Undisclosed Property Defects
France (FR)
Synthèse Legislator
Généré par l'IAA lower court found a real estate agent liable for damages due to the sale of a property with a hidden defect, despite the agent claiming they were unaware of the defect and thus not responsible under contractual warranty provisions, but the High Court dismissed the appeal, reasoning that the agent, acting in a professional capacity as an intermediary in the sale, had a professional obligation to disclose known or reasonably discoverable defects, and their failure to do so constituted a fault justifying civil liability, independent of the contractual warranty between the vendor and purchaser.
Regeste Legislator
Généré par l'IAReal Estate Agent Liability for Undisclosed Property Defects: A lower court found a real estate agent liable for damages due to the sale of a property with a hidden defect, despite the agent claiming they were unaware of the defect and thus not responsible under contractual warranty provisions, but the High Court dismissed the appeal, reasoning that the agent, acting in a professional capacity as an intermediary in the sale, had a professional obligation to disclose known or reasonably discoverable defects, and their failure to do so constituted a fault justifying civil liability, independent of the contractual warranty between the vendor and purchaser.