Commercial equipment: the informed buyer cannot always claim a failure to provide advice
A company operating a quarry had purchased a new crawler excavator from a professional seller. Citing numerous malfunctions in the equipment, it had sued the seller and the manufacturer seeking rescission of the sale and damages.
To challenge the dismissal of its claims, the buyer argued that the professional seller could only be relieved of its duty to provide information and advice in relation to a purchaser operating in the same speciality as itself.
In a judgment of 8 July 2026, the Commercial Chamber of the Court of Cassation dismissed the appeal. It reiterated that the seller’s duty to provide information and advice regarding the suitability of the equipment sold for its intended use applies, in relation to a professional purchaser, only if the latter lacks the expertise to assess the precise scope of the technical characteristics of the equipment.
In this case, the buyer had been operating a quarry for fourteen years and already owned a hydraulic excavator. He was therefore sufficiently competent to assess the characteristics of the excavator purchased. The Court clarified that it was not necessary to determine whether his area of specialisation was the same as or different from that of the seller.
This decision serves as a reminder that the seller’s duty to provide advice must be assessed on a case-by-case basis, taking into account the technical expertise of the professional buyer.
Source : 8 juillet 2026, Cour de Cassation, pourvoi n°25-11.256
History
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