Failure to Draw the Legal Consequences

Application pratique:

Under the 2016 Cassation ruling, your use of the extension may be deemed tacit acceptance of the works. This means you could be liable to pay even though defects exist. To protect yourself, you should have formally rejected the works and documented all defects before occupying the space. Now, you must urgently compile evidence of any unfinished or substandard work to argue against acceptance. Seek legal advice to challenge the presumption of acceptance based on the circumstances of the termination.

Application pratique:

The case law establishes that taking possession can imply acceptance, especially if no sums were claimed at the time. By letting the tenant in, you effectively took possession, weakening your claim for defects. To avoid this, always conduct a thorough inspection with the contractor and sign a snagging list before occupation. Now, gather any contemporaneous communication where you flagged these defects; this may rebut the presumption of tacit acceptance. Consult a lawyer to assert your rights under the guarantee of perfect completion.

Application pratique:

The 2016 decision reinforces that moving in without expressly reserving your rights can constitute acceptance. To protect yourself, you should have refused to take possession until a completion inspection (réception) was formalised with all snags recorded. Now, immediately document all defects with photos and written notice to the developer. Under the legal warranties (e.g., perfect completion warranty), you still have rights, but you must act fast—within one year of handover for apparent defects. Engage a solicitor if necessary to compel remedial work.