property
French home seller pays €35,000 over hidden safety order
Buyers were not told about a problem affecting their courtyard
A property seller in France was forced to compensate buyers after they discovered they were unable to use their courtyard because of a gas explosion that had taken place next door.
A couple, who have not been named, bought a house in southern France in May 2022 for €190,000. It was only after they moved in that the local council informed them there was a safety order in place for the neighbouring building, which prevented them accessing their own courtyard.
The house next door had been damaged by a gas explosion six months earlier, and there was a risk that a shared wall facing the couple’s courtyard could collapse.
Sellers had been notified of safety order
The couple learned that the administrative order had been published two months before their purchase. They took legal action against the seller, estate agent and notaire, arguing that if they had known about it, they would not have gone ahead with the purchase.
The couple claimed a total of €117,000, including €77,000 for financial loss, €30,000 for the lost opportunity to negotiate a lower price and €10,000 for moral damage.
In its decision on September 23, 2025, Montpellier’s district court held the seller liable under warranty against hidden defects, after the buyers were able to prove the seller was aware of the issue before selling the house.
They produced the administrative order, dated March 1, 2022, with the notation “Received and notified on March 4, 2022” at the bottom of the page, accompanied by the sellers’ signatures.
Court awards €35,166 in damages
The buyers could have sought to have the sale annulled or to obtain a reduction in the price. Instead, they sought damages for the loss of the opportunity to negotiate a lower price.
An estate agent commissioned to quantify the loss suffered by the buyers estimated that the net sale price would have been between €160,000 and €170,000.
The court ruled that the buyers had lost the opportunity to negotiate a €30,000 reduction in the sale price, resulting in assessed damages of €28,500.
The seller was ordered to pay €35,166 in damages: €28,500 for the loss of opportunity to negotiate the sale price, €4,666 in compensation for loss of use, and €2,000 for moral damage.
The estate agency and notaire were not held responsible.
Seller and agent previously found liable
It is not the first time a seller has been found liable for withholding information.
A ruling last year found both the seller and the estate agent liable for failing to disclose serious issues with a property’s roof to prospective buyers.
The Cour de cassation said the agent should have requested proof of the seller’s claim that the roof had been inspected every two years as required.
