Reference decision: cc • N° 09-71.464 • 2010-11-04 • View the decision →
This decision provides important clarification on your real estate rights. Here is what it changes for you.
The situation
A court of appeal violates articles L. 231-2 and R. 231-4 of the Construction and Housing Code, together with the order of 27 November 1991, when it orders a project owner to pay to the builder of an individual house with provision of plans a sum corresponding to the cost of works to be borne by the project owner which are not included in the agreed price, without finding that the descriptive notice bears, in the project owner's own hand, a signed statement by which he specifies and accepts the cost of those works.
What the law says
This decision confirms the fundamental principles of property law.
Key takeaways
- Strictly comply with 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.
📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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