Housing and property · Sale · seller’s lesion
French property sale at an undervalue: lesion claims
A property seller may seek rescission for loss strictly exceeding seven twelfths under Civil Code conditions. Valuation must concern the property’s condition and value at the legally relevant time; a disappointing price is insufficient. Compare deed, date and valuation evidence, then have the period and judicial procedure checked. The calculation does not establish lesion.
- Official texts cited
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- Drafted with AI assistance, our method
General legal information with official references and dated checks. It is not personalised advice: for a decision that commits you, have your situation checked by a qualified professional.
Julie by AlphaDeep
Is a later market fall enough?
You believe you sold too cheaply: let’s compare deed, date and valuation evidence without deciding lesion.
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Who can seek this rescission?
Article 1674 gives the property seller this remedy for loss exceeding seven twelfths despite express waiver. This basis does not favour the buyer and excludes sales legally possible only by judicial authority.
Related step: Housing and property
Code civil, article 1674Code civil, article 1683Code civil, article 1684
What does the governing text say about seller’s lesion?
Si le vendeur a été lésé de plus de sept douzièmes dans le prix d'un immeuble, il a le droit de demander la rescision de la vente, quand même il aurait expressément renoncé dans le contrat à la faculté de demander cette rescision, et qu'il aurait déclaré donner la plus-value.
In plain English: Article 1674 gives the property seller this remedy for loss exceeding seven twelfths despite express waiver. This basis does not favour the buyer and excludes sales legally possible only by judicial authority.
Why is a price equal to five twelfths insufficient?
Loss must exceed, not equal, 7/12. That corresponds to price strictly below 5/12 of relevant value. A visitor-entered estimate remains an assumption, not a court-established valuation.
Related step: Hidden defect in a French house or flat: the buyer’s deadline, remedies and evidence
At what date is value assessed?
Property is assessed according to its condition and value at sale. For a unilateral promise the statute specifies its completion day. Keep contemporaneous evidence rather than an unexplained present-day value.
Related step: Selling a home in France: the calendar from the preliminary contract to the deed, step by step
How can the case be proved and brought in time?
Article 1676 sets two years from sale. The court assesses sufficiently serious and plausible facts before admitting proof, and the statutory process provides three experts. An agent’s opinion does not replace it.
Related step: French viager sales: lump sum, annuity and clauses
Code civil, article 1676Code civil, article 1677Code civil, article 1678
How can the price-to-value ratio be illustrated?
Fictional example: claimed value €300,000; 5/12 is €125,000. A price equal to this marker does not meet the strict threshold.
Fictional example · Your preparation worksheet
The illustrated threshold is not a valuation. Loss exceeding 7/12 requires a price strictly below 5/12 of the legally relevant value.
| Item to check | Value or document |
|---|---|
| Compared price | €120000 |
| 5/12 of claimed value | €125000.00; equality is insufficient |
Keep deed, property condition at sale and valuation evidence relevant to that date.
Have the two-year period from sale and procedural exclusions checked.
Prepare serious evidence for judicial examination; arithmetic does not replace experts.
A property seller’s remedy, not simply a dissatisfied buyer’s. Time runs from sale; a letter alone is not assumed to institute proceedings.
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Which documents belong together?
| Point | Check |
|---|---|
| Threshold | Loss strictly exceeding 7/12 |
| Value | Relevant date and condition |
| Action | Seller, period and judicial proof |
Does the seller alone choose cancellation or a supplement?
No. If the action succeeds, the purchaser has the statutory choice between return with reimbursement and retention with a supplement subject to the prescribed deduction. Neither unilateral cancellation nor the entire estimated difference is guaranteed.
What else should you know about seller’s lesion?
Is a later market fall enough?
Value at the legally relevant date must be proved.
Is the 7/12 threshold inclusive?
No. The statute requires more than seven twelfths.
Does time start when the poor price is discovered?
The cited statute starts from sale, not that discovery.
Does the tool determine market value?
No. It illustrates a ratio using a supplied, disputable value.
Which sources explain seller’s lesion?
- Code civil, article 1674Légifrance / DILA
- Code civil, article 1675Légifrance / DILA
- Code civil, article 1676Légifrance / DILA
- Code civil, article 1677Légifrance / DILA
- Code civil, article 1678Légifrance / DILA
- Code civil, article 1681Légifrance / DILA
- Code civil, article 1683Légifrance / DILA
- Code civil, article 1684Légifrance / DILA
Texts cited last checked: 20 October 2026