Judgment Liable to Cassation Which

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

The situation

Subject to cassation is the judgment which decides that the loss suffered by a mortgage creditor, arising from the fact that the mortgaged land had been wrongly assessed by a real estate expert as building land, cannot be covered by the insurance taken out by the chamber of real estate experts guaranteeing the consequences of the professional liability of experts, on the ground that excluded from the cover is the civil liability incumbent upon the insured by reason of 'losses suffered as a result of insufficient security', whereas the court of appeal holds that the loss for which compensation was sought resulted not from an error in assessing the value of the security but from a professional fault committed by the expert for not having obtained a town planning certificate before carrying out the valuation of the property.

What the law says

This decision confirms the fundamental principles of property law.

Points to remember

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

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