Real estate: this attic that have led to the cancellation of a sale

A home are the source of a conflict between buyers and sellers, the first has not been honest about the nature of conversion in the attic.

The facts : a couple buys a house. The fact sheet provided by the estate agent during the visit referred to "two levels of living space including an attic". At the time of conduct of extension work in the attic, it appears that they are not available for development. The purchasers obtain the cancellation of the sale in the courts. The sellers shall provide to the supreme court.

final decision

The Court of cassation confirms the cancellation of the sale. The sellers have breached their duty of issuance of a well in compliance with the description that was made. The card of the real estate agency was wrong, and, more, the promise of sale mentioned the existence of an attic. However, in reality, the house had only one-level living, surmounted by attic lost.

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therefore, the sellers were required to return the property in its state and return the entire amount paid, i.e. 236 800 euros. They could not even obtain a reduction of this amount to take account of the damage caused by the work of purchasers, construction remained unfinished because of the possibility to arrange the attic.