Preliminary Contract Binding Only

Application pratique:

The court decision confirms that a preliminary reservation contract does not oblige the developer to deliver a fault-free property or ensure specific noise standards. Before signing, insist on a clause guaranteeing acoustic performance or a specific delivery obligation. If already signed, check the final deed for soundproofing standards and consider a legal review to negotiate amendments before completion.

Application pratique:

The ruling shows that without a documented obligation (in co-ownership by-laws, rental contract, or house rules) to have carpets, the upstairs owner may not be liable. To prevent this, include a 'floor covering' clause in future tenancy agreements. For the current issue, negotiate with the co-ownership to pass a resolution requiring sound-absorbing floors; otherwise, legal action will likely fail.

Application pratique:

This decision directly supports Sophie: courts found no breach where no contractual or co-ownership rule required carpets. She should gather the co-ownership by-laws and any house rules to prove the absence of such an obligation. If sued, her defence will likely succeed, and she may claim legal costs. Preventively, she could offer to add a thick underlay to reduce noise.