Property dispute: understanding your rights and remedies

This decision provides important insight into your property law. Here is what it changes for you.

The situation

It is in the exercise of their sovereign power of assessment of the scope of the mission entrusted by the client to the architect that the trial judges held that the architect did not have to investigate whether the revision clause inserted in the contract was contrary to the price freeze regulations, this legal study being all the less incumbent upon him because the project owner was represented by a subsidiary of a developer, and it was up to that subsidiary to seek qualified advice; therefore the architect's liability cannot be incurred with regard to the payment of sums paid under the invalid revision clause.

What the law says

This decision confirms the fundamental principles of property law.

Key takeaways

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

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