Tuesday, February 2, 2010

Amehtyst On Which Finger

Vice hidden clause unsecured and bad faith

About a ruling of the Court of Cassation on 16 December 2009 ( Civ. 3, 16 December 2009, FS-P + B, No. 09-10540 )

An apartment had been sold by a company SCI.

The contract stipulated that no security would be especially if there are termites.

The real estate company was in fact aware of the presence of termites.

The Court of Cassation recalled that a seller saying it will not guarantee a vice that he knew when the contract is nevertheless bound to guarantee.

Yann Gallon - Lawyer

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