SELLER'S OBLIGATION OF ADVICE AND INFORMATION
LexInter | February 4, 2008 | 0 Comments

SELLER’S OBLIGATION OF ADVICE AND INFORMATION

Article 1602 of the Civil Code

    The seller is required to clearly explain what he is obligated to do.

 Any obscure or ambiguous pact is interpreted against the seller.

Professional seller’s obligation to provide information

Information on the value of the property acquired

The Court of Cassation (Cass. 3e civ., Jan. 17, 2007)) ruled under article 1116 of the Civil Code that the purchaser, even a professional, is not bound by an obligation to inform for the benefit of the seller on the value of the property acquired.

The Court of Cassation had in different circumstances (geological richness of the basement known to the purchaser, hidden behind a nominee, not revealed to the seller, false destination of the building in the draft deed) pronounced the nullity of the sale for fraud (Cass. 3e civ., Nov. 15, 2000). According to the Court of Cassation, the information that the seller owes to the purchaser on the elements necessary for his knowledge of the thing and the conditions of the contract, but would not apply to the estimate of its value.

Information on technical characteristics, suitability for use and precautions to be taken

The obligation of information and advice of the contractor installing a material requires him to draw the attention of the contracting authority to the drawbacks of the product chosen and to the precautions to be taken for its implementation, taking into account the use for which this material is intended   Cass. civ. 1 June 20, 1995

 the seller’s obligation to inform and advise his client on the adaptation of the equipment sold for the use for which it is intended exists with regard to the professional buyer to the extent fully appreciated in case where its competence does not give it the means to assess the exact scope of the technical characteristics of the device in question Cass. civ. 1 June 20, 1995

Legally justifies its decision the court of appeal which, to hold the liability of the manufacturer of a product due to the failure to fulfill its obligation to inform, notes that the characteristics of this product, although apparent, could not, for whom not not knowing its particularly complex composition, lead the user to guess the precautions to be taken for its use. Cass. civ. 1, 23 April 1985

The seller of a very recently marketed product has the obligation to give the user, whose level of knowledge is sovereignly appreciated by the merits, all information useful for its implementation. Cass. civ. 1 May 4, 1994

The company T. was not exempt from this obligation because of the quality of professional transporter of MX … since the latter was not in a position to assess the specific technical characteristics required by the use of the material he was considering purchasing Cass. com. January 18, 2000

Any seller of equipment must, so that the sale is concluded with full knowledge of the facts, inquire about the needs of his buyer and then inform the latter of the technical constraints of the item sold and of his ability to achieve the desired goal Cass . com. December 1, 1992

The seller’s duty to advise falls within his area of ​​technical competence. Consequently, a company, which ordered the installation of cameras in the cafeteria of its company, cannot blame the seller of the equipment for a breach of its duty to advise for not having informed it that such an installation was prohibited. by the provisions of the Labor Code.  Cass. civ. January 25, 2002

The professional seller is bound by an obligation to provide information to his client and it is his responsibility to prove that he has fulfilled this obligation Cass. civ. 1, 15 May 2002

The Commercial Chamber has also retained the responsibility of the seller who fails to warn by not informing the buyer of the constraints of the use of the product sold Cass. com. July 8, 2003

Specific information obligations

Article L. 514-20 of the Environmental Code provides that when an installation subject to authorization has been operated on land, the seller is required to inform, in writing, the buyer v. Cass. civ. November 3, 17, 2004

Seller’s obligation regarding clean-up obligations

Lack of information on the defects of a field and liability for fault

Cass.civ. 3 May 12, 2004

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