Reference decision: Cass. • No. 79-12.885 • 1981-03-10 • View the decision →
This decision provides important insight into your property law. Here is what it changes for you.
The situation
The Court of Appeal that, in order to declare time-barred the action of a purchaser of a building under construction seeking both repair of construction defects and defects of conformity, merely holds that there is in fact identity between the apparent defects provided for in Article 1642 and the disorders qualified as conformity defects, without specifying which defects and conformity defects were alleged and how the latter were identical to the former, does not provide a legal basis for its decision.
What the law says
This decision confirms the fundamental principles of property law.
Key points
- Scrupulously comply with legal limitation periods for appeals
- Keep all your supporting documents (deeds, instruments, correspondence)
- Anticipate: preventive advice always costs less than litigation
For an analysis of your situation: 30-min consultation at €45 with Maître Zakine.
📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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