In a recent case heard in the French Supreme Court, the Cour de Cassation, a buyer had discovered a waste water network that ran under the property which had not been revealed during the purchase process. The buyer sought annulment of the sale as well as damages.
In French statute law, a buyer is protected against major hidden defects (vices cachés), although it is possible in the sale and purchase contract for a seller to exclude their liability, a practice that is common. Nevertheless, even where a seller includes such a clause, they remain liable if they knew of the defect, but did not inform the buyer. A professional seller can never claim such an exemption.
