On January 30, 2024, the Versailles judicial court handed down a judgment concerning a real estate dispute involving Mrs [Aa] [N], SCI BTX, several notaries, a real estate agency (CPH IMMOBILIER), and the syndic ASL GESTION. Mrs [Aa] [N] had bought a studio apartment with parking in 2016, believing it to be for residential use, but subsequently discovered that it was part of a hotel residence, resulting in unforeseen hotel charges.
Legal action for fraud seeking annulment of the sale
Mrs [Aa] [N] brought an action for fraud, seeking annulment of the sale, restitution of the purchase price and damages. She accused SCI BTX of concealing from her the true nature of the property and the associated charges. SCI BTX, the notaries and the estate agent disputed these accusations, claiming to have provided all the necessary information.
Sufficient information but lack of professional advice
The court examined the documents provided at the time of sale, including the co-ownership regulations and the minutes of the general meetings, which clearly indicated the property’s status as a hotel residence. The court concluded that Mrs [Aa] [N] had received sufficient information to understand the situation of the property, but that the notaries had failed in their duty to advise her by not fully informing her of the legal and financial implications of the purchase.
The court dismissed Mrs [Aa] [N]’s claims against SCI BTX and ASL GESTION, but ordered the notaires and the estate agency to pay her 8,855.60 euros in damages, 80% to the notaires and 20% to the estate agency. The court also ordered provisional execution of the decision.
Notary and real estate agency fines
Breach of duty to advise
In summary, the court recognized that Mrs. [Aa] [N] had been partially informed, but that the notaries had failed in their duty to advise, resulting in a loss of opportunity for her to abandon the purchase of a hotel residence. The notaries and the real estate agency were ordered to pay damages to compensate for this loss.
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