The Court of Cassation, with order no. 28765 of 7 November 2024, ruled on a case that highlighted the legal consequences of failing to declare building abuses in one real estate buying and selling. The seller of a property was sentenced to compensate the buyer for failing to communicate, during the negotiations, the existence of construction irregularities on the property sold.

This story raises crucial questions: what risks does someone who sells a property without declaring any problems? And what rights does the buyer have in these situations?

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The case and the legal proceedings

The dispute arose from a real estate sale in which the seller had omitted to declare the presence of building abuses on the property, thus violating the principle of good faith in negotiations. Only after the purchase, the buyers discovered that the property was burdened by construction irregularities which compromised both its full usability and its economic value.

This situation led them to ask for compensation, claiming that they had been deceived during the negotiation.

The case was initially dealt with by the Court of Appeal, which established the seller’s liability by qualifying his behavior as contractual fraud. The ruling imposed the obligation on the seller to compensate buyers for two types of damage:

  • the depreciation suffered by the property due to building violations;
  • the costs necessary to remove such irregularities.

This calculation was carried out on the basis of an official technical consultancy, which estimated the extent of the economic losses.

The seller contested the decision, appealing to the Court of Cassation. In particular, it argued that the costs of removing the encroachments should not have been added to the depreciation of the property, as this would have represented a duplication of compensation.

Furthermore, it raised further objections on the method of quantifying the damage and on the admission of some compensation requests by the buyers, considered late.

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The decision of the Court of Cassation: a firm point on the cumulative nature of damages

The Court of Cassation has the seller’s appeal was rejectedconfirming the ruling of the Court of Appeal and clarifying a fundamental aspect of compensation for damages. According to the judges, it is legitimate to combine the reimbursement of the expenses necessary to eliminate building violations with compensation for the depreciation suffered by the property.

The Court explained that these two items of damage respond to different needs: the depreciation reflects the decrease in the market value of the property, while the restoration costs serve to bring it back to a state compliant with the regulations.

Furthermore, the Court of Cassation underlined that there is no duplication of compensation, since the costs for removing the abuse do not completely compensate for the loss of value of the property. This is due to the fact that, once the abuses have been eliminated, the property still remains devoid of those characteristics that initially contributed to its economic evaluation.

The Court recalled the principle according to which compensation must be complete, covering all the harmful consequences resulting from the illicit conduct.

The Court of Cassation also deemed the objections relating to the alleged lateness of some compensation requests made by the buyers to be unfounded. The judges in fact recognized that these requests referred to damages that emerged after the judgment was brought, making their assessment legitimate at the time of referral.

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The legal and practical implications of the sentence

The ruling of the Court of Cassation has a strong impact on both a legal and practical level, posing important questions for the real estate market. From a legal point of view, the case highlights the seller’s obligation to act with transparency and fairness during purchase and sale negotiations.

Failure to declare construction violations or property irregularities can result in serious consequences, including liability for contract fraud and compensation for significant damages.

For buyers, this decision represents an important protection. It clarifies that, in case of omissions or misleading behavior on the part of the sellerit is possible to obtain full compensation that covers both the loss in value of the property and the expenses necessary to remedy any irregularities.

This principle is essential to ensure that those who suffer harm are not left to face the costs alone.

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Conclusion

The ruling of the Court of Cassation n. 28765 of 2024 represents an important reminder of transparency and fairness in real estate transactions. On the one hand, it reiterates the seller’s responsibilities in declaring any construction irregularities; on the other hand, it strengthens the protection of buyers, guaranteeing them full compensation in the event of damage resulting from illicit or deceptive conduct.

This verdict not only clarifies fundamental legal principles, but also offers ideas for a more informed and professional management of real estate sales.

The lesson that emerges from this story is clear: acting with transparency is not only a question of ethics, but also a legal necessity that protects both parties involved.