Property law: legal framework and solutions

This decision provides important insight into your property law. Here is what it changes for you.

The situation

A Court of Appeal may, by restoring the true legal classification to a contract termed a 'reservation' contract, decide, in view of the state of completion of the building and certain provisions of the instrument, that the agreement does not constitute a contract limited to the minimum conditions provided for by the Act of 3 January 1967 and allowing the developer not to proceed with its project or to modify the plans of the initial project, but a firm promise of sale, accepted by the purchaser.

What the law says

This decision confirms the fundamental principles of property law.

Key points

• Strictly comply with statutory time limits for appeals
• Keep all your supporting documents (title deeds, deeds, correspondence)
• Plan ahead: preventive advice always costs less than litigation

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