Real estate dispute: understanding your rights and remedies

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

The situation

It follows from Article 35 of Law no. 78-23 of 10 January 1978 that clauses relating in particular to delivery of the thing and to the conditions for termination of the contract are prohibited and deemed unwritten where they appear to have been imposed on non-professionals or consumers by an abuse of economic power by the other party and confer on the latter an excessive advantage; and, under Articles 2 and 3 of Decree no. 78-464 of 24 March 1978, a term is unfair where its object or effect is to eliminate or reduce the right to compensation of a non-professional in the event of failure by the professional to perform any of its obligations;. Therefore, the clause providing that delivery dates were given only as an indication and that a delay could not constitute a ground for termination of the order, nor give rise to damages, must be deemed unwritten; indeed, such a clause confers an excessive advantage on the professional seller, in particular by leaving it to him to determine the delivery period and by reducing the right to compensation provided for in Article 1610 of the Civil Code for the benefit of the non-professional purchaser in the event of failure by the seller to perform its essential obligation to deliver within the agreed time.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Strictly observe the statutory time limits for bringing proceedings.
• Keep all your supporting documents (title deeds, deeds, correspondence).
• Anticipate: preventive advice always costs less than litigation.

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