Case law

  • Case Details
    • National ID: N°05/23203
    • Member State: France
    • Common Name:link
    • Decision type: Other
    • Decision date: 23/11/2006
    • Court: Cour d’appel (Appellate court, Paris)
    • Subject:
    • Plaintiff:
    • Defendant:
    • Keywords:
  • Directive Articles
    Doorstep Selling Directive, Article 3, 2.
  • Headnote
    Doorstep selling regulation also applies to a sale of real estate.
  • Facts
    Mrs Hulot answered to an advertisement published in the newspaper offering a free valuation of life annuity she could get for the selling of her apartment. Cedric-vie company visited her on September the 18th 2003. That very day she signed a selling contract for her apartment. As a counterpart, she was to receive 30.000 €, a life annuity of 5.400 € per year and the right of occupation of the apartment all her life long.

    The day after, she send a registered waiving letter.

    Cedric-vie company informed her by a registered letter that she had no right of cancellation and that the date of signature for the deed drawn up by the solicitor was November the 18th 2003.
    She did not turn up the meeting and Cedric-vie company decided to sue her.
  • Legal issue
    The Court of Appeal considered that the sale of Mrs Hulot’s apartment was the direct result of a doorstep selling behaviour. As a result, this contract must comply with the specific legislation. Even if the detachable cancellation form of art. L. 121-23 had not been joined to the contract, Mrs Hulot legally exercised her right of cancellation. In addition, Cedric-vie company’s option to purchase was void.

    This decision taken by a Court of appeal concerns the sale of a real property. Another decision taken by the Cour de Cassation (Cass. Civ. 1ère, 30 mars 2005, n° 04-11.831) dealt with renting of real estate.
    Those two decisions differ from Article 3, 2nd Intend, Letter a of the Doorstep selling Directive, excluding real property contract.
  • Decision

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  • Result