The purchaser is entitled, within one year from the acceptance of the works or from the expiry of the one-month period after taking possession of the works, to bring an action against the seller under the warranty for apparent defects, even if such defects are reported after the expiry of that one-month period.

This decision provides important clarification regarding your property law rights. Here is what it changes for you.

The situation

The purchaser is entitled, within one year from the acceptance of the works or from the expiry of the one-month period after taking possession of the works, to bring an action against the seller under the warranty for apparent defects, even if such defects are reported after the expiry of that one-month period.

What the law says

This decision confirms the fundamental principles of property law.

Key takeaways

• Strictly comply with the statutory limitation periods for bringing claims
• Keep all your supporting documents (title deeds, deeds, correspondence)
• Plan ahead: preventive advice is always cheaper than litigation

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