Noise from wind turbines may cancel a Sale

good neigboursParis – The noise of new wind turbines may justify the cancellation of the purchase of a house if the buyer claims it.

The purchaser, faced with this nuisance, may in fact invoke his own misjudgment which has vitiated his consent, especially if he has been preoccupied with the environment before buying, judges the Court of Cassation.

Although no one is at fault, the error of one of the parties leads to a defect in his consent which justifies the handing over of things to their former state, that is to say the reciprocal restitution of the house and its price, Admit the judges.

Since the construction of wind turbines is not a question of town planning, it may not be reported as such to the future purchaser, To inform the city council on urbanism projects, observes the judges.

This future purchaser can not therefore complain that it has not been reported to him. It would have been necessary to ask precisely the question of a project of installation of wind turbines. But in any case, even informed of the project, the seller could make a mistake as to the significance of its consequences.

In short, the seller, purchaser, notary and administrations are excusable because, knowing the project, nobody could imagine the magnitude of the nuisance. It was only when they appeared that the purchaser could see that if he had known, he would not have bought. 

(Cass Civ 3, 29.6.2017, Z 16-19.337)

This future purchaser can not therefore complain that it has not been reported to him. It would have been necessary to ask precisely the question of a project of installation of wind turbines. But in any case, even informed of the project, the seller could make a mistake as to the significance of its consequences. In short, the seller, purchaser, notary and administrations are excusable because, knowing the project, nobody could imagine the magnitude of the nuisances. It was only when they appeared that the purchaser could see that if he had known, he would not have bought. (Cass Civ 3, 29.6.2017, Z 16-19.337). (© AFP / 07 July 2017 09h55)

Installation of wind turbines. But in any case, even informed of the project, the seller could make a mistake as to the significance of its consequences. In short, the seller, purchaser, notary and administrations are excusable because, knowing the project, nobody could imagine the magnitude of the nuisances. It was only when they appeared that the purchaser could see that if he had known, he would not have bought. (Cass Civ 3, 29.6.2017, Z 16-19.337). (© AFP / 07 July 2017 09h55)

While knowing the project, no one could imagine the extent of the nuisances. It was only when they appeared that the purchaser could see that if he had known, he would not have bought. (Cass Civ 3, 29.6.2017, Z 16-19.337). (© AFP / 07 July 2017 09h55)

Google translate Original text in French:

Link to Court Decision

Le bruit des éoliennes peut annuler une vente  

french wind project
Installation of wind turbines in France

One thought on “Noise from wind turbines may cancel a Sale”

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s