Depuis la réforme de la loi PINEL, en vigueur depuis septembre 2014, le bailleur doit informer en cours de bail le locataire par un récapitulatif annuel de charges.

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4. Owners of a leaseback property bought a flats, a parking
place and a two ski storages in a vacation building
(residence of tourism in French). The deal was funded by a
bank loan. A commercial lease is signed for 11 years with
an operator. One year later, the operating company files a
chapter 11 bankruptcy demand. One and a half year later,
the operator is liquidated and doesn’t exist anymore. The
owners of the leaseback property sue the builder, the bank
and the real estate agent. The case is based on wilful
misrepresentation, late delivery of the real estate, latent
defects and unpaid rents.

7. The claimants ask for the cancellation
of the buying reservation contract,
selling contract, the bank loan contract
and the refund of the paid interests.
The plaintiffs based their damages
claim on the breach of the information
and advice duty/obligation.

11. Owners of a leaseback property, filed a claim against the real
estate agency specializing in real estate leaseback investment.
They claim the real estate agent has a responsibility in the
default of the operating company of the tourist residence or in
the latent defects of construction. The builder, the bank and the
real estate agency states it were risks that purchasers had to take
into account. The builder and seller of the leaseback real estate
The builder and seller of the leaseback real estate is not liable.
The judges decide the company informed well the buyers. The
builder had not to advice regarding the leaseback investment.

15. The bank funding the leaseback investment. The owners of a leaseback
property (residence of tourism in French) claim the bank advices them to
invest in this leaseback scheme. It is based on an email stating a meeting
with the manager of the banks’ real estate investments department. It is
not enough for the court. According to the judges, there is no evidence the
bank was the first to advice this leaseback investment to the buyers. The
court convicts the real estate agency specializing in leaseback in France
The court decides that the real estate agency specializing in leaseback in
France breached its obligations of information. Under the French law, the
real estate agent has to advice the buyers of the leaseback. He has to
inform the buyers about the risks of the deal. These risks are especially the
operator's default and the unpaid rents.

17. Damages resulting from non-performance of an
obligation. The contractual liability is based on the
contract of course, but the damages are based on article
1147 of the French civil code:
“A debtor shall be ordered to pay damages, in the proper
circumstance, either on account of the non-performance
of the obligation, or on account of the delay in
performing, whenever he cannot establish that the non-
performance was due to an external cause that cannot be
imputed to him provided, moreover, there is no bad faith
on his part.

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