Must be quashed the judgment which, in order to

Application pratique:

This case law shows that courts require solid evidence, not mere supposition. To avoid losing, landlords must conduct a detailed entry and exit inventory (état des lieux) with dated photographs and, if damage occurs, obtain professional repair quotes immediately. Always formalise damage claims within the legal time limit (3 years for civil claims) with hard evidence, not informal witness statements.

Application pratique:

Relying on suggestive but imprecise evidence is fatal. Before buying, always commission a full structural survey and explicitly request any documents related to past defects. After discovery, immediately gather expert reports, time-stamped photographs, and correspondence, and act swiftly within the 2-year prescription period for hidden defects. Formal written evidence is key to proving the seller’s bad faith.

Application pratique:

This decision underscores that ambiguous or informal communication cannot replace a clear written contract. Co-owners must obtain formal written consent from all parties before incurring shared expenses, ideally through a syndicate resolution or a signed private agreement detailing each party‘s contribution. Retain all invoices, receipts, and signed documents to prove mutual consent, and follow the co-ownership statutes to avoid unenforceable verbal deals.