Reference decision: cc • N° 18-26.194 • 2020-02-13 • View the decision →
This decision provides important insight into your property law. Here is what it changes for you.
The situation
According to Article R.231-7 of the Construction and Housing Code, when the project owner, who has entered into a contract for the construction of an individual house with supply of plans, is not assisted by a professional for handover, the balance of the price is payable within eight days following the handing over of the keys upon handover, if no reservations have been made, or, otherwise, upon removal of reservations. Consequently, when the project owner makes reservations at handover, during which they are not assisted by a professional, the balance of the price is only owed to the builder upon removal of reservations.
What the law says
This decision confirms the fundamental principles of property law.
Key takeaways
- Strictly comply with the statutory time limits for bringing an action
- Keep all your supporting documents (title deeds, instruments, correspondence)
- Anticipate: preventive advice always costs less than litigation
For an analysis of your situation: 30-minute 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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