an error in the surface does not necessarily justify compensation

Have you discovered that the property you have bought is smaller than you were told? You will not necessarily be entitled to a compensation nevertheless. The seller of a property may have advertised for him a larger area than reality without trying to mislead the prospective buyer and does not necessarily owe him compensation. This seller may have been optimistic about the number of square meters and this does not systematically allow his buyer to claim damages by invoking “dol”, that is, claiming to be the victim of a defect in consent resulting from dishonest maneuvers, the Court of Cassation.

Le dol ne peut être invoqué, selon la Cour qui tranchait un procès entre un vendeur et son acquéreur, que s’il ya eu, de la part du premier des dissimulations ou des agissements réalisés intentionnellement, dans le dessein d’induire en erreur el second. The buyer of a house claimed compensation because the building had been advertised at 155 square meters when it was only 139 square meters, or 10% less. The seller could not ignore it, so he knowingly tried to cheat, the new owner pleaded.

But the Court of Cassation rejected this view. Without particular dissimulation, without maneuvers intended to deceive, the erroneous mention of the surface does not demonstrate a desire to deceive, especially since the buyer was completely free to visit and even (…)

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