Extract
[...] Error on the surface of the house may lead to the nullity of the sale, in so far as this information constitutes a a determining element of consent of the buyer. In fact, if the house had been announced from the start to 80 m²for this price, the buyer may not have concluded the sale. The duty of seller can it be invoked for obtain cancellation of a sale immobilière ? What is the consequence of this? According to Article 1137 of the Civil Code, deceit is a vice of consent. [...]
[...] However, in certain cases, a non-emancipated minor may sell a real estate property with the authorization of the guardian judge. The judge will only grant this authorization if the sale is in the best interest of the minor. Finally, the sale must be made with the representation or assistance of his legal representative. One major under curatelle can it sell alone a good immobilier ? Explain the role you curator in the act. In principle, a major under protective measures, such as curatorship, cannot sell a real estate property alone. [...]
[...] However, he must have received a written and signed mandate authorizing him to perform this act. Furthermore, the deed must be passed before a notary, who will verify the mandate and give executory force at the deed signed by the mandatary. In order for the mandate to be valid, the mandator must be legally capable, there must be no vice of consent (error, fraud, violence), a lawful and certain object. In addition to these conditions, the deed must be written, there must be the signature of the mandator, and the deed must specify: The identity of the mandator and the mandatary, the la description of the immovable property and the extent of the powers of the mandatary Which are the classic causes of nullity of the consent in a sale immobilière ? [...]
[...] When an indivisible owner wishes sell his share, the does not need the agreement of the others, because their situation does not change (art 815-3 of the Civil Code): the buyer simply becomes co-owner. On the other hand, if he wishes sell the property as a whole, the agreement of all co-owners is essential (article 815-1 of the Civil Code) The mandataire of a seller can it sign alone a act of sale immobilière ? Which are What are the validity conditions of this mandate? In principle, the mandatary acts on behalf of the seller and can therefore sign the real estate sales deed in his place. [...]
[...] In real estate law, fraud can manifest itself in several ways: it can be a matter of hidden vices, such as moisture problems, mold or mildew. It can also be a matter of lies about the property's surface, or even of the provision of false documents, such as a false DPE or other essential documents for the buyer's decision-making process. The party that considers itself a victim of fraud may demand the nullity of the sales deed and claim damages for the prejudice suffered. [...]
