En matière de vente d'un immeuble en

Application pratique:

Under this 2008 Cour de cassation ruling, the one-year time limit to sue for apparent defects (garantie des vices apparents) only starts running from the date of formal handover, or, if no handover occurs, from one month after taking possession — not from the building's completion date. The buyer should therefore count their deadline from one month after they moved in, not from the completion certificate date, giving them more time than they might assume. They should immediately send the developer a registered letter (lettre recommandée avec accusé de réception) listing every defect with photos and dates, and keep the sale deed, completion certificate and all correspondence as evidence.

Application pratique:

This case law confirms the one-year limitation period for apparent defects runs from the handover date (or one month after possession if no handover was organised), so the developer must check their own handover minutes (procès-verbal de réception) before rejecting the claim as late. If handover was in April 2026, the buyer's window seal complaint from September 2026 is still within time and must be addressed. The developer should keep precise records of handover dates for each lot, as the completion date of the building itself is legally irrelevant to this deadline, and disputing on that basis would likely fail in court.

Application pratique:

Per this ruling, because no formal réception took place, the one-year deadline for apparent defects begins one month after she took possession in February 2025 — i.e. around March 2025 — not from the November 2024 completion date. She should check her apartment now for any visible defects (cracks, faulty fittings, poor finishes) and act quickly if still within that window, since relying on the completion date would wrongly suggest her claim is already time-barred. Keeping the keys handover date, any move-in inventory (état des lieux), and photos is essential proof if she needs to formalise a claim against the developer.