Breach of trust by a managing agent

Application pratique:

The Court of Cassation confirms that a managing agent's failure to render accounts constitutes breach of trust. Sophie should send a formal registered letter demanding a full accounting within 15 days, citing this ruling. If ignored, she can file a criminal complaint with the public prosecutor and rally other co-owners to seek reimbursement through civil proceedings. She should also press for the agent's removal at the next general meeting.

Application pratique:

The decision clarifies that a property manager's deliberate failure to account for received funds is a criminal breach of trust. Mark must immediately demand a complete statement of all transactions since the start, specifying a 10-day deadline. He should also notify the agency's professional body and consider reporting the agent to the police. To prevent recurrence, he should amend the management contract to require monthly digital reporting with bank transaction records.

Application pratique:

Under this case law, the agent's refusal to render accounts for the levy fund is a clear breach of trust. Emma should act quickly: call a general meeting to demand the agent's dismissal and the appointment of a new syndic, jointly commission an audit of the condominium's accounts, and prepare a collective criminal complaint. As limitation periods apply, she must not delay—the clock starts from when the omission was discovered.