Monsieur and Madame believed the Sale of their apartment Parisian on the right track. A buyer, Mr. X, had made them an offer at a satisfactory price, which they had accepted, and the notaries were tackling the writing of the sales compromise. Suddenly, patatras! Mister X “Consider that he did not dispose of all the information concerning the property sold” When he made his offer, according to a court decision spotted by the Cabinet Soussens lawyers. His “Discoveries that can lead to work and, therefore, unforeseen costs”he therefore claims renegotiate “substantially” the price downward. If the sellers refuse, it is simple, it will not sign the promise to sell.
Monsieur and Madame refuse to grant him a discount, “Convinced that this isa maneuver To get a better price “analysis the law firm. The buyer then entered the judicial court to request the forced sale of the apartment, invoking a “”hidden vice»» And dol, that is to say a fraudulent maneuver intended to deceive it. At the same time, he had this assignment (referral to the judicial court) published in the service of land advertising, which provides information on the legal situation of buildings. His goal: “Preventing the sellers to sign with another buyer”explains the law firm.
Real estate purchase: Bercy specifies this September 5th rules for exemption from donations
Distinguish accepted offer and real estate sale
But the court will consider that the offer accepted by Mr. and Mrs. Y is not worth a sale. “For an accepted purchase offer to be considered a real estate sale, it must be minimum that there is a unconditional agreement Between buyer and seller on the thing and the price. This agreement no longer exists that the buyer candidate considers that “the thing” he had offered to buy is not the one that actually exists and that he must therefore pay a different price “decrypts by lawyers. This is the case here, Mr. X invoking a hidden defect of the apartment and therefore requiring a substantial discount.
Not only does it not obtain the forced sale of the apartment, but the court also believes that it has committed an abuse of law by publishing the assignment to the service of land advertising. He therefore ordered Mr. X to pay the sum of 1,000 euros in damages to each of the two sellers, as well as 4,000 euros for their procedural costs. He who thought he was doing a good deal, he is in total to 6,000 euros of his pocket.
