Aller au contenu principal
He who held himself out as a property developer
Droit Immobilier

He who held himself out as a property developer

📅 Décision du 16 May 1977⚖️ Cour de cassation👁️ 18 vues📖 2 min de lecture

He who held himself out as a property developer and acted as such cannot evade the obligation de résultat (strict liability) to which he is thus bound towards the employer (client) solely on the ground that he ceased his functions as director of the construction company before completion of the construction.

Reference decision: cc • No. 75-14.743 • 1977-05-16 • View the decision →

This decision sheds important light on your property law. Here is what it changes for you.

The situation

He who held himself out as a property developer and acted as such cannot escape the obligation de résultat (strict liability) to which he is thus bound towards the employer (client) solely on the ground that he ceased his functions as director of the construction company before completion of the construction.

What the law says

This decision confirms the fundamental principles of property law.

Key takeaways

  • Scrupulously observe the statutory time limits for appeals
  • Keep all supporting documents (title deeds, instruments, correspondence)
  • Anticipate: preventive advice always costs less than litigation

For an analysis of your situation: 30-min consultation at €45 with Maître Zakine.

📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
→ Prendre RDV pour une consultation droit du travail  |  → Browse all our legal articles

Informations juridiques

  • Numéro: 75-14.743
  • Juridiction: Cour de cassation
  • Date de décision: 16 mai 1977

Mots-clés

droit immobilierjurisprudenceimmobilier

Cas d'usage pratiques

1

Renovation gone wrong after developer resigns

In Lyon, a landlord hired a contractor who presented himself as a property developer to renovate a 1930s townhouse. The contract was for €150,000, including structural works and a new roof. Before completion, the contractor resigned as director of his building firm, and serious waterproofing defects emerged within months, causing €30,000 in damage.

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.

2

Off‑plan apartment purchase delayed by director’s exit

A first‑time buyer in Bordeaux signed a VEFA (off‑plan sale) contract for a flat priced at €280,000, with a completion deadline of December 2023. Two months before delivery, the managing director of the development company resigned and the project stalled. The buyer faces paying rent and mortgage interest simultaneously, costing an extra €1,200 per month.

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.

3

Co‑owners pursue elusive developer after building defects

A co‑ownership association in Nice contracted a developer‑builder to construct a 20‑unit residence. The developer vested the project in a shelf company and resigned as director shortly after handover. Within a year, multiple balconies showed signs of spalling concrete, with repair quotes reaching €120,000. The residents are unsure whom to hold accountable.

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.

Maître Cécile Zakine

À propos de l'auteur

Maître Cécile Zakine — Avocate au Barreau des Alpes-Maritimes, Docteur en Droit. Chaque article de ce magazine est rédigé à partir de l'analyse d'une décision de jurisprudence réelle, commentée et mise en perspective par les équipes de Maître Zakine.

Prendre rendez-vous →

Avertissement: Les analyses présentées sur ce site sont fournies à titre informatif uniquement et ne constituent pas des conseils juridiques personnalisés. Pour une consultation adaptée à votre situation, contactez un avocat.

★★★★★4.9/5 — Google Reviews

Does this affect you?

Consult Maître Zakine — lawyer, Doctor of Law. Fast, clear answer.

Book a consultation →

🔒 Confidential · No obligation

📬 Get legal updates

One legal analysis per week, straight to your inbox. Free, no spam.

🔒 1-click unsubscribe · GDPR compliant

★★★★★4.9/5 — Avis Google

Maître Zakine, Doctor of Law

Phone and video consultations available — Fast appointments

Book an appointment
First consultation 30 minutes — €45

🔒 Confidentiel • Sans engagement • Réponse rapide