The Court of Cassation ruled in a censorship ruling of 23 September 2020 n°19-18104 that the action in warranty of the purchaser due to the hidden defects of the thing sold is not exclusive of the tort action based on the dol or the dolosive reluctance committed before or at the conclusion of the contract of sale. In the latter case, the prescription of the action of the purchaser is 5 years and not 2 as in the matter of hidden defect.
Me Cyril SABATIE Real Estate Lawyer