JURITEXT000006962020 Généré par l'IA

Seller Liability for Undisclosed Latent Defects in Real Estate Sale

Numéro de cause JURITEXT000006962020

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1963-05-29

Issue du litige annulled

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Synthèse Legislator

Généré par l'IA

A civil suit was brought concerning a contract for the sale of a building, where the buyer claimed the seller failed to disclose a major structural defect, rendering the property unfit for its intended purpose, despite the seller claiming the sale was "as is." The Court of Cassation quashed the lower court's decision, reasoning that a seller has a fundamental obligation to warrant against latent defects that substantially impair the utility of the sold property, and this warranty cannot be negated by general contractual clauses when the defect was known or grossly hidden by the seller, thereby violating the principle of good faith in contractual execution.

Regeste Legislator

Généré par l'IA

Seller Liability for Undisclosed Latent Defects in Real Estate Sale: A civil suit was brought concerning a contract for the sale of a building, where the buyer claimed the seller failed to disclose a major structural defect, rendering the property unfit for its intended purpose, despite the seller claiming the sale was "as is." The Court of Cassation quashed the lower court's decision, reasoning that a seller has a fundamental obligation to warrant against latent defects that substantially impair the utility of the sold property, and this warranty cannot be negated by general contractual clauses when the defect was known or grossly hidden by the seller, thereby violating the principle of good faith in contractual execution.