Court of Cassation, Third Chamber, January 14, 2021, No. 19-24.881
In this case, a couple was approached by a company marketing a real estate development and purchased an apartment as a rental investment. A few years later, the couple felt the investment had been unsuccessful. Believing they had been poorly informed, the couple sued the salesperson to have the sale declared null and void on the grounds of fraud and, in the alternative, sought compensation for damages resulting from the company's breach of its duty to inform and advise them .
Since the appeal court rejected the claim of nullity of the sale due to fraud, the salesman believed that the couple could not be held liable.
The Court of Cassation refutes this, recalling that it is possible to combine the two actions.
