Only the description given in the notarial deed of sale counts in determining whether the property complies with what was planned. It is irrelevant whether the buyer was originally looking for a lower quality good, explains the Court of Cassation, and once an additional element has been described, it must exist.
A couple had bought a house whose description in the notarial deed mentioned convertible attic space, which the buyers did not look for the origin. They had only given a mandate to a real estate agency to search for a house with three bedrooms.
Having subsequently discovered that the attic could not in fact be fitted out, these buyers demanded compensation from the seller. The house is smaller than indicated by the description given to the notary and included in his deed of sale.
Convertible attics that did not exist
These buyers cannot complain, replied the seller, since the convertible attic was an advantage that they were not originally looking for, according to the mandate given by the real estate agent. According to him, it was therefore an additional element of comfort and if it did not exist, the buyers were still in possession of a house corresponding to what they were looking for.
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No matter what they were looking for, decided justice. The important thing is to compare what they bought, according to the signed agreement, and what was delivered to them. And it is clear that they bought convertible attics that did not exist, which justifies their claim for compensation.
(Cass. Civ 3, 8.12.2021, C 20-16.159).
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