Declared Acceptance of Works

Application pratique:

Under the French Court of Cassation ruling of 8 September 2010 (no. 08‑22.062), Élodie’s acceptance—even without reservation—does not waive the developer’s duty to deliver a conforming property. She should immediately collect her original purchase contract, photos, and correspondence, then send a formal notice to the developer demanding remediation. If the developer fails to act, she can seek damages for non‑conformity before the tribunal judiciaire within the applicable limitation period.

Application pratique:

The 2010 ruling makes it clear that a seller’s obligation to deliver a conforming work survives an unreserved acceptance. Marc should gather the formal notice of delivery, the contractual description of the heating and insulation, and evidence of the actual installations. He then must notify the developer in writing of the discrepancies and request corrective works; if the developer refuses, he can initiate legal proceedings to compel performance or seek compensation, as any acceptance he signed has no legal effect on the conformity obligation.

Application pratique:

Even though individual buyers accepted their lots without reservation, the Cour de cassation’s decision states that such acceptance does not discharge the seller from delivering a conforming work. The syndicat may take legal action directly against the developer to enforce the guarantee of conformity of the common areas. It should commission an expert report to document the defects, notify the developer formally, and if necessary, bring a claim before the competent court on behalf of all co‑owners, relying on the fact that the prior acceptances have no legal effect.