Comparer les annonces

Délivrance non conforme et résolution de la vente

Transaction : Délivrance non conforme et résolution de la vente

La Cour de cassation dans un arrêt du 2 février 2017 n°15-20625 confirme la position de la cour d’appel de Douai ordonnant la résolution d’une vente pour manquement des vendeurs à leur obligation de délivrance.
Dans cette affaire la publicité de l’agence annonçait « deux niveaux habitables dont un grenier aménageable » et la promesse de vente prévoyait l’existence d’un grenier.
Or les combles n’étaient pas aménageables et ne constituaient pas même un grenier utilisable.
La vente est donc résolue et les vendeurs sont condamnés à rembourser le prix de vente et les frais ainsi que les taxes foncières payées par les acquéreurs.

Article rédigé par Maître Cyril Sabatié (pour Caisse de Garantie GALIAN)


Fabrice WALD

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