Reference decision: Court of Cassation, No. 97-17.107, 2 November 1999 • View the decision →
You entrusted the construction of your house to a builder. A few months after acceptance, cracks appear, leaks occur. You obtain an expert report listing defects (construction defects) and estimating repairs at €18,000. But the builder produces another, older report, which did not mention these issues. Whom to believe? This was the thorny question that the Court of Cassation, sitting in Paris, answered on 2 November 1999. Decision No. 97-17.107 lays down a clear principle: the trial judge (the court hearing the case) is never bound by an expert's findings. The judge can challenge its contents, especially when inconsistencies are glaring.
For a property owner or a prospective buyer, this power of the judge is a real breath of fresh air. It means that even when faced with an unfavourable report, the aggrieved party can hope for a fair outcome. But one must understand the conditions under which the judge sets aside a technical opinion. What happened in that 1999 case? And how can you benefit from this solution for your own disputes?
📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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