Sale: When Is the Property's Condition Assessed?

A plot of land was sold as buildable, even though, in reality, it was no longer so because the building permit had expired after the sale. Dissatisfied, the buyer sued the seller in court for damages, accusing the seller of failing to fulfill his obligation to deliver the property. To no avail. Upon reviewing the case, the Court of Cassation noted that the conformity of the property sold is assessed at the time of delivery, which, for a plot of land, corresponds to the transfer of title deeds. However, in this case, no appeal had yet been filed against the building permit at the time of the sale, meaning that the seller did not fail in his obligation to deliver the property. Furthermore, the retroactive effect of the building permit’s expiration has no bearing on the sale. > The Court’s Decision