Obligations of the delivery guarantor

Application pratique:

Under this case law, the delivery guarantor's obligations are not assessed based on VEFA completion criteria. For CCMI contracts, 'completion' means the house must be delivered as per the specific contractual specifications. The couple should formally demand that the guarantor fulfills its legal obligation to cover the remaining works, citing this decision (Cass. civ. 3, 17 Nov 2021, n° 20-17.218). If the guarantor persists, they should engage a solicitor to enforce the guarantee through the courts.

Application pratique:

The case law clarifies that the delivery guarantor must adhere to the CCMI's own completion definition, not the VEFA standard. The investor should notify the guarantor in writing, quoting the ruling, and demand full performance under the guarantee: completion of all contracted works. If the guarantor does not comply, the investor can initiate legal proceedings to claim damages and completion costs, potentially with a preliminary injunction to compel action.

Application pratique:

This decision confirms that the guarantor's obligations are contract-specific and not benchmarked against VEFA completion concepts. The co-owners' association should collectively instruct a lawyer to send a formal joint notice to the guarantor, referencing this case law, demanding completion to each CCMI's standards. If no satisfactory response is received, a collective action can be filed to enforce the guarantee, and each owner may also claim delay penalties as per their contracts.