An agreement for a guarantee

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

The situation

An agreement for a guarantee of delivery at the agreed price and time concluded by the builder of a property development programme for the construction of thirty-three individual houses and twenty-two flats is not subject to the provisions of Article L. 231-6 of the French Construction and Housing Code relating to contracts for the construction of an individual house comprising not more than two dwellings. It follows that if the project owner has not filed its claim in the builder's compulsory liquidation, the guarantors are released from their guarantee obligation, as the claim is extinguished.

What the law says

This decision confirms the fundamental principles of property law.

Points to remember

• Strictly comply with the statutory time limits for appeals
• 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.