Be aware on the ten-year warranty: compensation possible, but reduced if the purchase price has already included the damage.

The family-run ROSIER agency, specializing in luxury and prestige real estate in Provence since 1970, offers you the benefit of its expertise in providing legal advice and information.

Can buyers who purchase a house as is, with known defects and a correspondingly reduced price, still claim compensation under the ten-year warranty?  

The French Supreme Court (Cour de cassation) ruled on this question on December 5, 2024 (n°20-16712). It confirms that purchasers are entitled to invoke the ten-year warranty to obtain payment for the necessary repair work. However, it points out that, as the purchase price had been reduced due to the defects affecting the house, the purchasers had already benefited from partial financial compensation.  

Accordingly, the Court ruled that compensation under the ten-year warranty could only be awarded after deduction of this price reduction.

In other words, buyers cannot be compensated twice for the same loss: the reduction in the purchase price is taken into account to avoid unjustified enrichment.