After noting that the secretary

Application pratique:

This case law confirms that you had a duty to verify the agent's authority before signing. Since the agent did not hide their lack of representative status, you cannot rely on appearances. Always demand a written mandate or power of attorney directly from the company, and verify it with the legal representative before transferring any funds or signing binding documents.

Application pratique:

Under this ruling, you should have verified the signatory's authority because they did not pretend to be a legal representative. You cannot claim you were misled by appearances. Insist on seeing a recent extract from the trade register ('extrait Kbis') and a board resolution or express delegation of authority before accepting signatures. If in doubt, contact the company’s registered office directly.

Application pratique:

The decision reinforces that the builder had a duty to check the co-owner’s authority, as there was no deception about his status. To avoid such disputes, always verify that any person signing for the co-ownership has a valid mandate from the general meeting. Demand a copy of the minutes specifically authorising the works and the signatory, and ensure the mandate is within the legal limits of co-ownership powers.