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 follows from Articles 44, paragraphs 3 and 4, and 45, paragraphs 1 and 2, of Decree No. 72-678 of 20 July 1972, as amended by Decree No. 2005-1315 of 21 October 2005, that, where the termination of the financial guarantee granted to a real estate agent pursuant to Article 3(2) of Law No. 70-9 of 2 January 1970 is not simultaneous with the change of guarantor, the former guarantor, whose guarantee ceased three clear days after publication of the notice, is not required to complete a new publication formality once informed of the change of guarantor.

What the law says

This decision confirms the fundamental principles of property law.

Key points

• Strictly observe the statutory time limits for appeals.
• Keep all your supporting documents (title deeds, deeds, correspondence).
• Be proactive: preventive advice is always cheaper than litigation.

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