He who held himself out as a property developer

Application pratique:

Under this case law, the individual who held himself out as a developer owes a strict obligation to deliver a sound result. His resignation does not absolve him of liability. The landlord should immediately notify the former developer in writing, demanding repair or compensation, and can pursue legal action personally against him if he fails to remedy. All correspondence and the original contract must be preserved as evidence of his developer role.

Application pratique:

The developer’s strict liability means the individual who acted as developer cannot avoid responsibility merely by stepping down. The buyer can formally summon the former director, citing the 1977 precedent, and demand either immediate completion or compensation for financial losses. If the company is insolvent, the buyer can still pursue the individual personally. It is crucial to gather all promotional materials and contractual documents that identify him as the project lead.

Application pratique:

The decision confirms that anyone who presents themselves as the project’s developer bears an ongoing strict obligation, even after resigning. The residents’ association can instruct a lawyer to issue a mise en demeure (formal notice) to the individual by name, based on his prior conduct and representations. They should compile all site meeting minutes, letters, and marketing brochures where he appeared as the responsible developer to establish his role. Court action can then be initiated against him personally if he ignores the demand.