Court of Cassation, 3rd chamber, January 14, 2021, n°19-24.881
In this case, a couple had been approached by a company in charge of marketing a real estate program and had bought 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 canvasser for nullity of the sale for fraud and, in the alternative, had requested compensation for their damage for a breach of their obligation to inform and advise .
The nullity of the sale for fraud having been rejected by the Court of Appeal, the canvasser considered that the couple could not incur liability.
What the Court of Cassation refutes, recalling that it is possible to combine the two actions.
