Failure to Deliver or Hidden Defects: It’s Best Not to Make a Mistake!
A unilateral promise to sell a house was signed between the sellers of the property and a buyer (in this case, a couple). The buyer ultimately refused to proceed with the sale, citing flooding in the home’s basement.
Dissatisfied, the sellers are taking legal action to secure the compensation for loss of use provided for in the preliminary agreement.
In their defense, the couple argues that the sellers failed to fulfill their obligation to deliver the property in accordance with the terms of the contract.
Taking this argument into account, the judges ruled that the unilateral promise to sell was void due to the property’s nonconformity, on the grounds that it had been established that the property—which included a basement converted into a kitchen—did not possess the qualities necessary to make that room habitable under normal conditions.
Ruling by the Court of Cassation! When water infiltration prevents the normal use of the affected rooms, it constitutes a latent defect. However, when a defect in the property constitutes a latent defect, the purchaser may bring a claim only on the basis of latent defects, and under no circumstances on the basis of failure to deliver.
