In this case, a couple had been approached by a company responsible for marketing a real estate program and had purchased an apartment as a rental property investment. A few years later, the couple considered the investment to have been unfavorable. Believing that they had been misinformed, the couple had sued the direct seller for nullity of the sale for fraud and, in the alternative, had requested compensation for their damage for a breach of their duty to inform and advise.
The nullity of the sale for fraud having been rejected by the court of appeal, the direct seller considered that the couple could not engage their responsibility.
This is refuted by the Court of Cassation (the highest court in the French judiciary), recalling that it is possible to combine the two actions.
Arst Avocats advises its clients in the following matters related to business law:
- Advice on the regulations applicable to the client. Dealing with a wide range of issues relating to Contract Law (contract law or special contract law and contractual or tortious liability) and intervenes at the various stages (negotiation, conclusion, execution and termination) of the contractual relationship between the company and its partners or clients;
- Intervention at all stages of disputes with which the company is confronted within the framework of its activity and represents it, if necessary, before the competent courts or within the framework of alternative dispute resolution procedures (mediation, arbitration, et seq.).
PAULINE JACQUEMIN CUNY
Holder of two Master’s degrees in Multimedia and Computer Law and in European Business Law from the University of Panthéon-Assas (Paris II).