The vendor of a flat in Montigny-lès-Metz has been ordered to pay €9,000 in compensation to the purchaser for knowingly concealing the intolerable behaviour of a neighbour. The Metz Court of Appeal based its decision on fraud on 21 January.
According to the court, the seller's 'dishonest behaviour' led to 'an error that determined the consent of the other party'. From these deductions, fraud was retained in accordance with the law. Although the decision may come as a surprise at first, it in no way constitutes a reversal of case law.
Under the terms of article 1116 of the Civil Code, fraud is "a ground for nullity of the agreement when the manoeuvres used by one of the parties are such that it is obvious that, without these manoeuvres, the other party would not have entered into the contract".
Since fraud cannot be presumed, the purchaser had to provide the necessary proof, which in this case was quite easy. In fact, this indelicate neighbour was disturbing all the co-ownerships with her almost daily noises until late at night, puddles of urine and beer, and rubbish thrown into the stairwell.
In light of these facts, the Court of Appeal ruled that the seller was "perfectly aware of the nuisance and its seriousness, which characterise abnormal neighbourhood disturbances".
The seller had committed a fraudulent manoeuvre by not providing the purchasers with the minutes of the extraordinary meeting, which showed a deliberate intention to conceal the defect.
The new owners' legally valid claim for a reduction in the price therefore resulted in a refund of almost 6% of the sale price.
In the defendant's view, it was inconsistent to be responsible for one's next-door neighbour. Moreover, there could be a question of discrimination if the behaviour of the neighbour were to be reported in a deed of sale. But in view of the extreme situation, this position could not stand. It is perfectly logical to include in the deed facts known to all the co-owners, the seriousness of which led to an extraordinary general meeting.
It should be remembered that in the case of a property sale, the notarial deed states that the seller, who is not a professional, is not liable for hidden defects, except for those of which he is aware. In the latter case, it is therefore important to bring them to the attention of the purchaser, who will have to deal with them personally if he or she wishes to go ahead with the purchase.
It should be noted that in this case, the buyers have since resold the flat a few weeks after the departure of the neighbour in question.
