Property dispute: understanding your rights and remedies

Application pratique:

The Court of Appeal rejects this new third-party claim because it was not raised at first instance and would alter the dispute. A landlord must include all relevant parties, such as a guarantor, in the original writ before the first-instance court. Act promptly to avoid missing limitation periods and keep the tenancy agreement and guarantee deed readily available. Seek early legal advice to structure the claim correctly from the outset.

Application pratique:

The Bordeaux Court of Appeal declares the new claim against the estate agent inadmissible because it was not part of the first-instance proceedings. A buyer must identify all potentially liable parties—seller, estate agent, notaire—before filing the initial claim. Gather survey reports, correspondence, and the sale deed, and consult a property lawyer early to avoid losing the right to sue a third party.

Application pratique:

The Aix-en-Provence Court of Appeal rejects the third-party claim against the property manager because it was not introduced at first instance. A co-owner must join all parties whose fault is alleged (including the managing agent) in the initial summons. Respect the strict two-month period to contest AG decisions and keep all meeting minutes, notices, and correspondence as evidence.